'Judiciary in crisis' - Chancellor says Guyana Chronicle October 17, 2000 THE local Judiciary is in crisis because of a lack of legal personnel and urgent steps are needed to correct this situation to make for an improved judicial system, Chancellor Cecil Kennard warned yesterday. He said that with each attempt to fill vacancies, it seems "we are digging one hole to fill another." He was speaking at the opening of the new Vreed-en-Hoop Magistrate's Court on the West Coast Demerara and the gathering included Prime Minister Sam Hinds; Attorney General and Minister of Legal Affairs, Mr Charles Ramson; Justice of Appeal Carl Singh; Justice Winston Moore; Regional Chairman, Mr Pariag Sukhai and several diplomats. "The magistracy should have a complement of twenty-one magistrates, but at the moment we only have sixteen", he said. "So far as the High Court is concerned, the complement should be twelve (including the Chief Justice), but at the moment, there are only ten judges - two of whom are on extended terms," he added. Noting that recently four new judges were appointed to the Court of Appeal "three of whom were our best judges in High Court," the Chancellor lamented: "Where the replacement for them will come from, is anybody's guess. It seems as if we are digging one hole to fill another." Prime Minister Hinds in his feature address at the ceremony had a suggestion: that members of the Bar should consider joining the Bench. But just how attractive do those persons find the package offered? In his opening remarks, the Chancellor said members of the practising Bar are not keen on accepting judicial appointment as they feel that the package offered by the government is not attractive enough. "It may be a good idea," he said, "if the salaries of judges are made tax-free, and some of the allowances now being paid them increased significantly." He feels sure that if this is done, capable private practitioners would accept judicial appointments. And bemoaning the present tax system, Chancellor Kennard said: "As we all know, our income-tax rate is pretty high." He was of the view that in most Caribbean territories, if not all, the salaries of judges are tax-free. Counting the losses of the system, the Chancellor said: "For the year (2000) we have lost three judges in the Court of Appeal due to retirement, and this has created a void which is most unusual." To replace judges of this calibre, he said, would take an exceedingly long time. He therefore suggested that the retirement age for judges be reviewed. "I feel that we retire our judges too early, and that the retirement age for all judges should be extended to 68 or 70 years, without extensions," the Chancellor submitted. This, he said, is in view of the fact that there is great difficulty in attracting suitable and competent persons to the Bench. "There cannot be any substitute for experience," the Chancellor reiterated. Citing an example of how useful judges can be even after the present retirement ages, Mr Kennard said: "Take for instance Chancellor George, who after retirement in 1995 at the age of 65 years, functioned effectively as a Justice of Appeal in the Bahamas and Belize for five years." He considered as unrealistic, the practice of retiring High Court Judges at the age of 62, and Court of Appeal Judges at 65. "This is unrealistic, especially since the harvest is bare at the moment, so to speak." Mr Kennard said criticisms are being levelled - in the press and elsewhere - against the Judicial Service Commission which he heads, for recommending to President Bharrat Jagdeo the extension of service of judges. "But what are we to do?" he asked. "Should the Judicial Service Commission allow a closure of courts by not recommending extensions? "It seems to me that the Judicial Service Commission is in a no win situation," the Chancellor reasoned. He said the Bar Association had been written to, again, concerning the shortage of judges and magistrates, and had replied suggesting that certain persons be considered for the position of judges, on a temporary basis. To this end, the Judicial Service Commission will meet shortly to consider those recommendations, which are intended to solve the problem only on a short- term basis, he said. "What we need are permanent judges," Mr Kennard said, "persons who are prepared to make the Judiciary a career, and who have integrity and capacity for hard work." He said that even though the view is commonly held that some judges do not work hard enough, he knows that in Guyana there are some hard-working judges and magistrates. The Chancellor submitted that some consideration should also be given to improving the lot of the magistrates, as some are known to work exceedingly hard, and under trying conditions, while being paid "miniscule" allowances, such as a house allowance of GY$800 per month. Follow the goings-on in Guyana in Guyana Today