Former Chancellor of the Judiciary Desiree Bernard on Tuesday evening underscored the importance of the independence of the judiciary stating that having judicial codes of conduct in place as guidance to the judiciary may help to ensure impartiality in the execution of their duties.
“An independent judiciary is regarded as the hallmark of good governance and exemplifies the sought-after goal of separation of powers of the state,” she stated.
Justice Bernard, who was the keynote speaker at Transparency Institute of Guyana Inc (TIGI) annual fundraising dinner, which was held on Tuesday evening at the Pegasus Hotel, delivered her address on ‘the Indepen-dent Judicial Mind’.
She said her topic was relevant as she considered it necessary and important for the public to be made aware about what forms the judicial mind in arriving at decisions, and in the official and personal conduct on and off the bench.
Justice Bernard, who was also the first female judge at the Caribbean Court of Justice retired from that position in February this year.
Speaking of her time as Chancellor of the Judiciary here, a position she held from 2001 to 2005, Justice Bernard said she considered it necessary to formulate a code of conduct for Guyana’s judiciary and magistracy so that the values of independence, impartiality, integrity, equality, propriety, competence and diligence and accountability could be embraced.
“A copy was given to each judge and magistrate upon election to office,” she said while noting that the practice continues today by present Chancellor Justice Carl Singh.
She discussed the principles of independence, integrity and propriety and why it’s important that judges have these values. “All requirements may be in place to conform to the ideal of separation of judicial powers from other branches of a state but ultimately the independence of the judicial mind is paramount,” she posited.
She said practising judges should therefore exercise their functions independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law. All this must be free of any extraneous influences, inducements or pressure from any quarter.
She said that judges here must be cognizant that they are assessed by and commented on by the public and that their conduct should always be reflective of a person with great integrity and character.
“One of the rules of the Principle of Integrity in the Guyana Code of Conduct is that a judge shall ensure that his or her conduct is above reproach… in public as well as in private life in the view of a reasonable observer,” the former Chancellor explained.
“This may seem to impose severe restrictions on the life of a judge, but is one of the burdens of judicial office. It may often times require restraint on a judge’s interaction with members of the public and on his private life,” she added.
She said this should in no way suggest that judges live “in an ivory tower or in isolation from society” but the fact of the matter is that there should be the realization that one is a judge and is subject of constant public scrutiny and comment.
She said the values of honesty, integrity and propriety were the cornerstones on which judicial conduct is built and every aspirant to judicial office must respect and be mindful of them.
She said judges should take advantage of opportunities to help the public to understand the fundamental importance of judicial independence. “It is important for the public to be aware of what informs or should inform the judicial mind either in dispensing justice or in the day to day interaction with members of the public,” she said.
“The ultimate objective of any judiciary is to inspire confidence in the administration of justice,” she added.
The former judge’s address comes at a time when two magistrates have been suspended by the Judicial Service Commis-sion (JSC) for alleged inappropriate behaviour and actions bordering criminality.
Late last month Magistrate Alex Moore, who was sitting at the Sparendaam Magistrate’s Court, was suspended following a complaint of inappropriate behaviour during a hearing at the said court.
A few days later, sitting magistrate at the Traffic Court Chandra Sohan was also suspended with Chairman of the JCS Retired Justice Prem Persaud, saying that it was based on a complaint of actions “bordering on criminality.”
