The Assembly of Southern Lawyers (ASL) is calling for transparency in the appointment and elevation of judges.
In a release yesterday, ASL waded into the controversial issue which was brought to the fore following the appointments of Judith Jones and Justice Eleanor Donaldson-Honeywell to the Appeal and High Courts respectively.
The criteria for the appointment and elevation of judges have been met with strong criticism from various people, including Justice Carol Gobin.
Defending the process, however, Chief Justice Ivor Archie who oversees appointments as head of the Judicial and Legal Service Commission, described critics as “disgruntled malcontents.”
In a statement ASL president Iman Khan said: “The public ventilation of views by the Honourable Chief Justice of T&T as well as a sitting judge of the High Court brings into sharp focus the question of whether or not, in a discerning, modern society, the criteria for such appointments should now be fixed and transparent.
“It has long been the case that such appointments and promotions were exclusively within the curtained purview of the JLSC, chaired by the Honourable Chief Justice.”
However, in a contemporary, ever evolving culture, he said, that may now be inept and anachronistic.
He added: “It begs the question whether previously accepted mechanisms still meet the needs and requirements of a functional, democratic society or an institution whose primary purpose is the dissemination of justice.
“It is the view of the ASL that judicial appointments should no longer be shrouded in mystery or secrecy and that progressive thinking dictates that they must be open to public comment or, at least, comment by stakeholders in the judicial system, for instance, commentary on whether or not a prospective candidate is fit and proper for appointment to a post invested with almost sacred power and responsibility, ought to be invited from within the legal profession.
“The ASL subscribes to the view that this has to be a fundamental part of the selection process, since a person appointed as a judge of the High Court would thereafter wield power and authority over his former peers and colleagues who, from inception, would have been best placed to assess such judge’s competence, character, capability and aptitude for judicial temperament.
“Much the same may be said about appointments to the Court of Appeal from amongst sitting judges of the High Court.
“Such appointments ought to be subject to a level of openness and transparency with similarly established criteria. Should this be done, it could only serve to foster confidence in sitting judges.”
ASL made it clear that its observations were not intended to diminish the appointments of Donaldson-Honeywell or the elevation of Jones.