Facing the most serious crisis in confidence in the CCJ since its founding in 2001, the regional commission responsible for appointment of judges to the court and other matters says it will undertake a” transparent and independent review” of a raging controversy that has seen damning allegations against the President of the tribunal, Justice Winston Anderson.
How exactly the Regional Judicial and Legal Services Commission (RJLSC) will accomplish this is left to be seen as Justice Anderson is also its chair. Since Justice Anderson is at the centre of the allegations made by five of the six other CCJ judges in leaked emails, he would be expected to recuse himself from the RJLSC deliberations and a temporary chair would have to be appointed.
There are suggestions that the immediate past President of the Caribbean Court of Justice (CCJ) and former Chairman of the RJLSC, Justice Adrian Saunders could be asked to assist as his tenure had been free of these controversies and he had garnered respect across the region. He retired from the position a year ago.
In a statement on Monday, the RJLSC said it is aware of the recent allegations concerning the administration of the CCJ and the independence of its Judges.
“The Commission recognises the seriousness of these matters and the importance of addressing them in a manner that protects public trust and confidence in the Court and the broader administration of justice throughout the Caribbean. As a result, the RJLSC believes that these concerns are best addressed through the established internal governance mechanisms of the Court and the Commission, and through a transparent and independent review undertaken in the best interest of the Region.”, the statement said.
Established on 23 July 2003, the statement said that the RJLSC is an independent, non-political body constituted under the Agreement Establishing the CCJ. It brings together distinguished legal professionals, public service leaders, and civil society representatives from across the Caribbean to serve as Commissioners. The statement said that the RLJSC comprises a diverse membership with decades of expertise and “a shared commitment to integrity, transparency, and excellence in judicial governance and institutional oversight”. The statement noted that the RJLSC is responsible for the appointment of the Judges and staff of the Caribbean Court of Justice, sets their work terms, allowances, oversees disciplinary action and protects the court from political interference.
The RJLSC says it maintains an “open door policy” for all members of staff and Judges, to address concerns and seek resolution on any matter relating to the execution of their functions and overall wellbeing. Its mention of an “open door policy” would suggest that aggrieved CCJ judges could have approached it. However, the fact that the person who chairs the RJLSC was also the subject of the controversy would have been a disincentive.
Sources have suggested that the current crisis should raise the question of whether the chair of the RJLSC should also be the President of the court.
“In the twenty-three years since the establishment of the Commission, the RJLSC has enjoyed fruitful working relationships with the Court. In these two decades, Commissioners have operated independently, without interference or influence – neither from the Court nor external actors. The Commissioners remain confident in this storied history of autonomy enjoyed under the leadership of all of the Court’s Presidents as Chairs of the Commission, past and present. At the same time, it emphasises that no conclusions should be drawn about the allegations until they have been examined fairly and objectively”, the RJLSC statement added.
The RJLSC said it remains committed to continuing its independent operations and service to Member States for years to come. The RJLSC is composed as follows: (a) the President of the CCJ who shall be the Chairman of the Commission; (b) two persons nominated jointly by the Organisation of the Commonwealth Caribbean Bar Association (OCCBA) and the Organisation of Eastern Caribbean States (OECS) Bar Association; (c) one chairman of the Judicial Services Commission of a Contracting Party selected in rotation in the English alphabetical order for a period of three years; (d) the Chairman of a Public Service Commission of a Contracting Party selected in rotation in the reverse English alphabetical order for a period of three years; (e) two persons from civil society nominated jointly by the Secretary-General of the Community and the Director General of the OECS for a period of three years following consultations with regional non-governmental organisations; (f) two distinguished jurists nominated jointly by the Dean of the Faculty of Law of the University of the West Indies, the Deans of the Faculties of Law of any of the Contracting Parties and the Chairman of the Council of Legal Education; and (g) two persons nominated jointly by the Bar or Law Associations of the Contracting Parties.
The allegations against Justice Anderson in the leaked emails include allegations of dictatorial behaviour in relation to a dress code and other matters, attempting to unilaterally change adjudication panels, attempting to shape decisions and creating a toxic work environment for judges.
Discussion