Acting Chief Justice Roxane George SC and long serving Judge Dawn Gregory were recently interviewed by the Judicial Service Commission (JSC) to fill vacancies on the Appeal Court, according to sources, who say that steps are being taken to compile a new list of nominees for President David Granger’s consideration.
The urgent need for appellate judges was previously highlighted by this newspaper. In February, former Attorney General Anil Nandlall had said the Appeal Court could not sit due to the retirement of acting Chancellor Carl Singh and Justice BS Roy, which left the court without the minimum complement of judges needed to hear matters. At the moment, the only permanent member of the court is acting Chancellor Yonette Cummings-Edwards.
The court, which last sat on February 27, requires at least three judges to hear appeals from the bench.
Sources told Stabroek News yesterday that less than two weeks ago members of the JSC met and interviewed Justices George and Gregory to fill the appellate court vacancies.
Justice Gregory was on the previous list that was submitted more than a year ago by the JSC under the chairmanship of the now retired Justice Singh and which was not acted upon by the president. It was pointed out that Justice Gregory has undergone the process leading to nomination a second time for an appellate appointment.
A source said that the current steps being taken by the JSC suggests that it is not constrained by the nominations and decisions that were made under Justice Singh’s chairmanship.
The entire process includes an application followed by an interview and then a nomination, which is sent to the president for approval.
Justice Rishi Persaud had also been nominated by the previously constituted JSC for elevation to the court.
This newspaper was previously informed that the attorneys nominated for puisne judges under the previously constituted JSC are State Solicitor/ Public Trustee Damone Younge and attorney Sandil Kissoon, who is in private practice.
Based on what this newspaper was told yesterday, these two attorneys were certain that they had secured the appointments. It is now unclear whether the presently constituted JSC is still considering them.
On March 28, Justice Cummings-Edwards took the oath of office several weeks after Granger announced that he was appointing her. She told reporters on that occasion that addressing the shortage of judges was key on her agenda and that a meeting of the JSC would be convened shortly.
Efforts by Stabroek News in recent days to contact Justice Cummings-Edwards were futile. Her office has said that she has been informed of this newspaper’s request and that when she is available contact will be made.
Her office was unable to say whether a JSC meeting was recently held.
Meanwhile, a legal source said that Justice Cummings-Edwards should be applauded for her “swift” efforts in activating the processes of the JSC to fill the existing vacancies on the Appeal Court. The source said that from all observations this is the shortest time the JSC has concluded its processes as previously such processes dragged on for months.
The source said too that Justice Cummings-Edwards has resuscitated certain training protocols in the judiciary since taking up office, to ensure efficiency and the effective delivery of justice.
Granger, following the swearing in of the Chancellor, had said that he had received some names for appointments from the JSC but had withheld approval pending the review and advice of the new Chancellor. “I withheld approval because I sent the recommendations to the present Chancellor, who has agreed to look at them and resubmit a list to me. As soon as I get that list, I will be able to act. So, I did decline. I saw the list, and I received some information, and on the [basis] of that information, I sent it to the present Chancellor and I am awaiting her advice,” Granger said.
He acknowledged that there was a shortage in the court and assured that efforts are being made to rectify the situation as soon as possible.
“There is a shortage and we are moving quickly with the Chancellor and the Chief Justice, who have been installed, to have the Court of Appeal constituted; to have the Judicial Service Commission (JSC) meet to make recommendations and fill the vacancies as soon as possible,” Granger had said.
Nandlall had pointed out that although the President had stressed the urgency in filling the two posts after the retirement of both Justices Singh and Roy, he had not moved swiftly to swear in the acting Chancellor, resulting in the Court of Appeal being non-functional. “The impact that this nonfunctional court is having on the justice system, the backlog of cases and the constitutional rights of litigants to have a court ready and able to hear their legal grievances is catastrophic,” he had said, while adding that this situation can affect lawyers’ ability to file matters in the Caribbean Court of Justice as leave has to be first granted by the Court of Appeal.
The President was asked about the concerns. “I am confident that the new Chancellor is aware of the shortages and as quickly as the JSC could meet and submit to me, I would move ahead. I have no interest in perpetuating a situation in where there are insufficient judges. The backlog is being built up and the swearing in of the Chancellor and Chief justice is a step in the right direction,” he asserted. “So I expect that as soon as the JSC makes its recommendations I will be able to give approval and move ahead. I think the crisis… will resolve itself in a few days or weeks,” he added.