THERE CAN BE no disputing that the judicial system in Barbados is under the microscope from a public which has become increasingly cynical about this important arm of the state. Public sentiment can best be judged from the comments and snide remarks increasingly made by a people who are frustrated with a number of issues. Some of the remarks may be fair, many may be unfair.
There is no gainsaying that the work of the courts mirrors the society in which we live. In previous times, the judiciary was not questioned and did not have to publicly account for its actions, but those days are long past. Our judiciary today has a significantly greater workload than that of even a decade ago. The society has become more litigious and at the same time, the complexity of the cases before the courts is perhaps greater. The range of cases before the courts comprises every aspect of the society: criminal matters, politics, economic and societal problems and commercial issues. At the same time, we require our judges, as always, to be of the highest integrity and standards.
We have no doubt that our judicial officers are knowledgeable of the law, possess judicial temperament and display propriety of conduct. However, many Barbadians are worried about case management in the system. While the dispensation of justice must be thorough, it should not be tardy. The process seems to be excruciatingly slow and this is not just the perception of an ignorant public given comments of the Caribbean Court of Justice.
We do not believe the appointment of more judges will be the simple solution, even if we do need more. Rather, the entire system, including the management of the Registration Department, should be thoroughly reviewed. The judiciary, like any other department, must function efficiently and meet the service standards the public demands.
It is for the judicial officials and, more importantly, Chief Justice Sir Marston Gibson, to speak to the people. Today’s start of the legal year is an opportune occasion to explain the issues and the challenges, be they the workload, the actions of the lawyers or manpower limitations. Where there have been improvements, they should not be kept a secret.
We would like to suggest two considerations: that there be a formalised system of judicial education and continuing legal education for our judges given today’s complexities, and summaries of the judgments of the courts be posted online to help the public better understand the constitutional requirements of the court acting according to law.
Sir Marston needs to respond to the public’s increasingly unfavourable perception of the judicial system.
