Jamaica Gleaner
Published: Monday | January 12, 2009
Home : Letters
Revisit method of appointing judges

The Editor, Sir:

It is my considered opinion that all judges of superior courts should be appointed by a special committee of Parliament, voting according to conscience after public hearings factoring antecedent history of candidates, honesty and integrity in decisions of the committee.

Recommendations

Such appointments should be on the recommendation of the prime minister on the advice of his committee of advisers which should include a representative of the bar association and advocate associations and after consultation with the leader of the minority party who should have the power to question candidates before the committee of Parliament and to make recommendations.

It is to be noted that there is no place for a judicial services commission in my recommendation because, in my view, in recent years some such commissioners have not demonstrated that justice must prevail.

Dangerous

Incidentally, I think the independence of the judiciary should be slavishly adhered to. In this context, the head of the judiciary should have nothing to do with finance, because it is not only dangerous, but in breach of the prudent doctrine of separation of powers, particularly as it relates to the judiciary, which is the arbiter to determine what is right and what is wrong.

I am, therefore, suggesting that the administration rethink giving responsibility for finance to any head of judiciary.

I am, etc.,

OWEN S. CROSBIE

Mandeville

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