Bar president concerned about judge selection

Tue, Dec 9th 2014, 11:27 AM

In the face of reports about who wants to be a judge, President of the Bahamas Bar Association (BBA) Elsworth Johnson has warned that compromising the selection process risks the independence of the judiciary in The Bahamas. Johnson expressed serious concern regarding the appointment process of justices, warning that compromising the impartiality of the judiciary is a "recipe for disaster" in The Bahamas.
Speaking with Guardian Business, Johnson stated that the prospect of justices beholden to political parties is dangerous for the country's judicial system.
"There is a serious concern at the Bar about the persons who are now coming forth and want to sit on the judiciary. What I'm hearing in this community, if it is real, it's a dangerous thing. We're seriously concerned about that and we want to warn the government.
"You cannot risk the independence of your judiciary and you cannot compromise your selection process. When your judiciary is compromised, or when public confidence in your judiciary is compromised, it is a recipe for disaster and chaos in your country," said Johnson.
While he did not name any individuals, he expressed concern that some prospective justices are guided more by upward mobility and personal gain rather than a sense of service to The Bahamas. Johnson said that the Bar is also worried about the possibility of political bias in the selection process, and the public mistrust that would likely result from such impartiality.
Johnson noted that any compromise to the judiciary's impartiality could have ramifications for foreign investment in The Bahamas, adding that the country needs to avoid a scenario where alternative dispute resolution (ADR) becomes the only impartial avenue for conflict resolution.
"An independent and impartial judiciary is fundamental for a stable democracy. It's very important in terms of investment, because one of the things that investors look for is where they will go to have matters resolved.
"Investors look for a stable, independent judiciary. They want to be sure that if there is a dispute they can go to court and rest assured that at the end of the day justice is going to be fair. We must guard that," said Johnson.
He was troubled that the BBA did not have what he felt was an adequate voice within the Judicial and Legal Service Commission (JLSC), the body responsible for making recommendations for the appointments and promotions of judicial and legal officers. He said it is necessary to
increase the Bar's role in the vetting process for future justices in order to better protect the rights of those in the country.
"The rich, the poor, women, children, all of the people that are in this country who are not Bahamian, all of them have to look to the court. We want all roads to lead to an impartial, fearless and independent court when there is a dispute.
"The alternative to that is that you have some warlord or gangster running things, and we don't want that," he said.
Earlier this year, President of the Court of Appeal Justice Anita Allen similarly stressed the importance of public confidence in the judiciary by stating that it is the "real source" of the judiciary's power.
In response, Johnson argued that the courts need to both act and present itself without bias, stating: "Justice must not only be done, but it must appear to have been done. Your appointment process must not only fair, but also appear to be fair. No questions should ever have to be asked about [appointments]."

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