Extracting the deadwood from the justice system
Minister of Justice Mr Delroy Chuck, in his sectoral presentation last week, disclosed important initiatives to enhance the efficient and effective discharge of justice, with special focus on reducing that stubborn backlog of court cases.
Mr Chuck cited progress by the two previous administrations and promised to build on their work to reform our very flawed justice system.
This paper welcomes his broad bipartisan approach as important in the delivery of justice to Jamaicans in the firm belief that a proper functioning justice system should be insulated from politically partisan influences.
Justice, after all, is the foundation on which any orderly and civilised society rests. Without that Jamaicans are greatly tempted to — and we have seen many examples of this — take justice into their own hands, with catastrophic results.
The range of proposals to address well-chronicled ailments of the justice system, identified by Mr Chuck, included: increasing and better use of court personnel at different levels; modernisation; increasing technological assistance; greater use of mediation and restorative justice; building more courthouses; longer sittings of the circuit court, and generally streamlining the process to enhance improved efficiency.
We especially like the idea of re-engaging retired judges to lend their expertise and service to the process. As Mr Chuck pointed out, several of our retired judges have given their expertise to various commissions, or are working overseas, and by his estimation, at least 20 would be available to offer their service to the courts.
Mr Chuck said he hoped, by year-end, to bring the appropriate constitutional amendment to Parliament for this proposal to become a reality.
While we support this initiative, we would urge that due care is taken in deciding which judges are to be hired. Although we would be surprised if this were not generally the case, as can be inferred from the quality of their work, we need to ensure that these judges are in good health and fine mental fettle.
We have a bad practice of spoiling a good thing by hiring friends in need of a job without reference to the qualification necessary to perform. Moreover, in the same way lawyers are now compelled to attend refresher seminars to keep them on the cutting edge of modern legal trends, there should be equivalent seminars for retired judges.
We note also the plan to hire a statistician to collect and analyse data regarding case backlog, as well as a proposal to go to Cabinet shortly to enable the hiring of more judges to serve in parish courts across the island on a part-time basis, along with additional clerks of the court and other court personnel.
If Mr Chuck succeeds in eradicating even half of the problems confronting the justice system, it will not only redound to the benefit of the country in the legal field, but also in the dire area of crime-fighting, which would engender greater trust and confidence in Jamaica as a safer place.
Implementation is at a premium. We have been at this justice reform for a long time now. It may be necessary to weed out the dead wood in the system, those people whose attitudes are of those who resigned from the task but refuse to leave. Nothing gets done under their watch.