The Judicial Service Commission (JSC) is advertising for judges and magistrates.
In notices in today’s Stabroek News, the JSC said that applications are invited from suitably qualified persons for appointment to the position of magistrate to serve in the 10 administrative regions and judges.
Questions had been raised as to how the new JSC would go about filling the vacancies in the magistracy and the judiciary and there had been calls for these posts to be advertised as opposed to relying on the traditional system of inviting persons to fill these on the basis of their known qualities. Critics have said that system is purely subjective and not transparent.
The notice for the puisne judges said that applicants must:
i) be or have been a judge of a court of unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such court; or
ii) qualified for admission to practice as an attorney-at-law in the courts of Guyana or as an attorney-at-law in a court in any other part of the Commonwealth having unlimited jurisdiction either in civil or criminal causes or matters, and
iii) be qualified not less than seven (7) years to practice in such court.
The advertisement said that it is desirable that applicants have a common law background and knowledge and experience in criminal practice and procedure and civil practice and procedure.
Applicants are also expected to possess a high level of personal integrity and if successful are expected to subscribe to the Supreme Court of Judicature of Guyana Code of Conduct for Judges and Magistrates.
The deadline for the receipt of applications is November 20, 2023.
The notice said that applicants for the position of magistrate must be an attorney admitted to practice law in Guyana or any Commonwealth country with at least five years of being called to the Bar.
Applicants are also expected to possess a high level of personal integrity, and if successful, are expected to subscribe to the Supreme Court of Judicature of Guyana Code of Conduct for Judges and Magistrates.
Interested applicants can visit the Supreme Court’s website at https://supremecourt.gy/vacancies to access a detailed job specification and the application form. The application forms with three recent professional references are to be submitted to the secretary of the JSC at the Court of Appeal building. The deadline for the receipt of applications is November 13th, 2023.
There is also an advertisement for a land court judge.
Sources had told Stabroek News that as part of its efforts to fill the judicial vacancies that have for years delayed hundreds of cases here, the JSC would set aside its tradition of inviting persons it believes are qualified and instead, advertise for candidates.
Overdue by some six years, the long-awaited reconstitution of JSC was realised in July this year with the swearing-in of its members. With acting Chancellor Yonette Cummings-Edwards as the Chairperson, the other commissioners are former Chancellor, Justice Carl Singh; retired Appeal Court Judge Beasraj Singh Roy; acting Chief Justice, Roxane George; and Public Service Commission Chairman, Manniram Prashad. Justice George and Prashad are ex-officio members of the JSC.
The lifespan of the commission is three years and commenced on July 14, 2023. Its remit includes the power to make appointments, to remove and to exercise disciplinary control over persons holding or acting within the offices of Commissioner of Title, Director of Public Prosecutions, Deputy Director of Public Prosecutions, Magistrate, Registrar of the High Court, Deputy Registrar of the High Court, Registrar of Deeds, and Deputy Registrar of Deeds, among others.
The JSC also advises the President on the appointment of judges, with the exception of the Chancellor and the Chief Justice.
On behalf of attorney-at-law Arud Gossai, and public commentator Ramon Gaskin, the legal firm Satram and Satram wrote to all members of the JSC days after its inauguration, making the appeal that they advertise widely for judges and to publish the names of candidates prior to appointment so that they can be vetted. The letter also warned that failure to do this could lead to legal action.
Noting that the JSC was constituted on July 14, 2023, the law firm said its clients have an interest in ensuring that there is compliance with the Constitution in the appointment of judges. The law firm noted that the commission may be aware that its decisions are subject to judicial review and this means that in the exercise of any discretion, the commission must act reasonably, rationally and fairly.
“We are aware of the practice, rooted in the traditions of England, whereby the Head of the Judiciary would invite suitably qualified persons to join the Judiciary. This practice is not consistent with our Constitution, particularly Article 129 thereof. That provision stipulates that all persons qualified for admission as Attorneys-at-Law in Guyana are eligible to be appointed as a Judge. For this reason, we urge the Commission to advertise, within Guyana and in the wider Caribbean, all vacancies for the position of Judge”, the law firm said.
The letter to the JSC members noted that persons holding the Legal Education Certificate from the Council of Legal Education are by Section 4 (1) of the Legal Practitioners Act, entitled to be admitted as attorneys-at-law in Guyana.
“It would amount to a gross violation of the Constitution for the Commission by its conduct to limit the number of applicants for any vacancy of Judge. The provisions of the Constitution and good administration and transparency dictates that all persons eligible for appointment should have an opportunity to be considered for the position. Unless the vacancies are advertised, the Commission can never be properly satisfied that it has attracted the most suitably qualified candidates. Every person who meets the requirements specified in Article 129 of the Constitution and Section 5 of the High Court Act enjoys a right to apply for and be considered for appointment. The Commission has no power to curtail this right,” the law firm asserted.
It noted that Article 129 (1) (a) of the Constitution provides for the possibility of persons who are or were judges within the Commonwealth to be appointed as judges, and as such, the Commission should advertise the vacancies within the Commonwealth.
The law firm also raised the question of competence and the efficiency of delivering decisions. It said that the relevant Constitutional provisions regarding the appointment and removal of judges, encompasses competence in addition to independence and impartiality.
It added that the appointments must be done on the basis of objective criteria.
