(Trinidad Guardian) The way has been cleared for a Special General meeting of the Law Association of T&T for attorneys to vote in secret ballot on a motion calling for the resignation of Chief Justice Ivor Archie and members of the Judicial and Legal Service Commission.
Following a meeting of the Council of the Law Association yesterday, senior counsel Douglas Mendes said the meeting will be held on or before June 5.
The petition expressing a loss of confidence in the CJ and the JLSC was sent out to practising attorneys who are members of the association on Thursday and less than 24 hours later more than 63 attorneys had signed the petition.
The motion raised concern about the appointment of former chief magistrate Marcia Ayers-Caesar to the Supreme Court without completing her part heard matters. Ayers-Caesar subsequently resigned from the High Court and the CJ sent out a media statement saying she would be restored to the Magistracy. However, up to yesterday Ayers-Caesar’s future hung in the balance.
The motion accused the JLSC of not conducting proper due diligence “as part of its robust selection process, especially since some of her outstanding matters were widely reported in the media.” It noted that the Chief Justice, as head of the Judiciary and JLSC chairman, “ought to have had knowledge and access to any information on any part heard matters before the chief magistrate and was under an obligation to provide the same to the JLSC before any appointment was made.”
The lawyers believe that the JLSC “was reckless and or negligent in selecting the chief magistrate for appointment as a pusine judge without first ensuring that she had no part heard matters or had completed any part heard matters pending at the time of her appointment.”
The motion said citizens who have an interest in the “fair, open and impartial administration of justice in Trinidad and Tobago would conclude that the actions and/or omissions of the Chief Justice and the other members of the JLSC have seriously undermined and diminished public confidence in the administration of justice in Trinidad and Tobago in a manner that may be irreparable.”
The petition also said having regard to the importance and public interest in the matters to be debated, members of the media should allowed to observe and report on the meeting.
MARCIA MESS: TIMELINE OF EVENTS
April 7: Opposition Senator Gerald Ramdeen called on Chief Justice Ivor Archie and members of the Judicial and Legal Services Commission (JLSC) to disclose the criteria used for the appointment of High Court judges.
April 12: Marcia Ayers-Caesar, Kevin Ramcharan and Avason Quinlan-Williams take the oath as judges from President Anthony Carmona.
April 12: Chief Justice Ivor Archie defends the process used by the JLSC for the selection and appointment of judges. He said: “It is important as well that the public knows that anyone who is appointed has been through one of the most rigorous selection processes you can find anywhere in the region or Commonwealth.”
April 19: The Judiciary issued a statement addressing rumblings about a void left in the system by the promotion of Ayers-Caesar, saying her departure would not negatively affect the lower court. Court and protocol information officer Alicia Carter-Fisher, said what was before Ayers-Caesar were “paper committals”.
April 23: Law Association expresses concern about Ayers-Caesar’s appointment
April 24: Ayers-Caesar is warmly welcomed to the bench by attorneys as she made her debut in the San Fernando Third Criminal Court
April 25: Several inmates, mostly murder accused, had to be removed from the Port-of-Spain Eighth Magistrate’s Court after they began shouting and cursing after realising their matters could possibly be restarted due to the elevation of former chief magistrate Marcia Ayers-Caesar to the High Court
April 27: Ayers-Caesar resigns as a judge apologising for the effect of her actions on the prisoners
April 27: CJ Archie says Ayers-Caesar will be restored to the Magistracy
May 4: Lawyers asked to sign a petition expressing loss of confidence in CJ and JLSC.
May 5: 11 senior counsels hold historic meeting expressing alarm at the events surrounding Ayers-Caesar’s judicial appointment
May 5: Law association agrees to hold special general meeting to discuss resolution calling on CJ and JLSC to resign.
