By Petulia Clarke, Staff ReporterTHE MINISTRY of Justice, Lay Magistrates Associations and custodes islandwide have been working to ensure that Justices of the Peace (Lay Magistrates) are concentrated throughout their communities and are providing the requisite services and retain the integrity needed to get the job done.
Admittedly a mammoth task, all groups are, however, reporting some level of success in the services offered, despite a few recurring drawbacks.
Complaints have been rife. They range from members of the public not being able to find JPs when they are needed, to JPs illegally charging money for their services. The complaints also include the refusal of some JPs to mete out services, and, in instances, of people not being licensed as JPs acting in that capacity.
In addition, there have been reports that some JPs have been taken to court and others decommissioned for not operating in accordance with the rules of the job. So much so that there have even been complaints from the offices of the Immigration and Passport about having problems with documents signed by JPs.
In fact, last March, Assistant Commissioner of Police for western Jamaica's Area One division, Linton Latty, speaking at the annual general meeting of the Lay Magistrates Association of St. James, said that the Immigration and Passport Office in the region had been experiencing problems with JPs illegally signing forms for persons they didn't know or under the recommendation of a third party.
And while the Ministry of Justice is reporting that there are adequate numbers to serve the populace, at least one JP has admitted that those appointed need to do more to make themselves useful.
CHALLENGES
President of the St. Andrew Lay Magistrates Association, K. Steve Ashley, has appealed for JPs in his division not to take their positions lightly, calling for all to come forward not only to be active members but to integrate resources and meet their communities' challenges.
"Our task is challenging but not insurmountable, all that is required is the will to make a difference and a vehicle to take us there," Mr. Ashley said. "We must try to assist in levelling the playing field for the poor while respecting the rights of all."
The Ministry of Justice reports that as at December 2002, there were 4,424 JPs across the island with the majority concentrated in Kingston, St. Andrew and St. Catherine. The most recent swearing-in exercise which took place in Hanover last month added 13 new members to the batch. Other parishes have periodically review their lists to ensure that their communities are adequately served.
The JPs are appointed after application or recommendations, and the custos for the parish then sends an invitation to them, outlining the demands of the post and requesting specific character information. JPs should be in the 18-75 age group, be involved in their communities, be educated and be willing to serve.
The nomination process involves a representation from a community member, school group, Member of Parliament or from the individual himself. The nominee, among other things, has to agree to attend regular training sessions. A parish advisory committee, including the Custos, Resident Magistrate and police superintendent, intervenes. The superintendent performs a secret background check of the nominee. The approval goes back to the Custos, who then makes a representation to the Ministry. The process is then completed after the Governor-General has signed a swearing-in ceremony is immediately followed.
Custos of St. Elizabeth, Alfred Farquharson, said that after all this, the incidence of those who lack integrity slipping through is greatly reduced as, even at the Ministry level, screening is done to ensure that the appointed are up to par and suitable for the office.
But, he admitted that some undesirables do slide through the system and complaints do come in about "those who embarrass their office."
These, if the claims can be supported in writing, are put before the Ministry where the proper action which can include fines is taken.
The process usually snags at the complaint level, however, as many of those who file complaints do not follow through as law stipulates.
Custos of St. Ann, the Hon. R.O. Walters, said that while he has had complaints from persons whose JPs allegedly ask for money for service, no case has gone beyond the initial report or phone call.
ACCUSATIONS
"If it can be proven that the person is charging money, a report will be made to the Justice Ministry, but only if it can be proven," Mr. Walters said. "We have had accusations from time to time, but we have asked people to come forward in writing as due process of law stipulates and most don't come through. We have a committee that is responsible for dealing with that and we have gotten complaints by phone but we can't investigate because the complaints fall flat."
To avoid these mishaps, the Ministry, partnering with the Justice Training Institute (JTI), holds training sessions in parishes and also advises custodes on how to ensure that character profiles are maintained before JPs are installed. The intense screening process is mandatory.
"We insist on training to bring them up to speed with critical areas of the law that affects them," Michael Cohen, senior public relations officer at the Ministry, said.
Justice Minister, A.J. Nicholson, met with those JPs in Clarendon recently and promised that the JTI would bring them courses on money laundering, for example, in keeping with the changing environment and new developments that JPs have to deal with in their jobs. Training in other areas will cover operations of the Lay Magistrates Court, the Drug Court and the handling of important documents. The meetings are part of an on-going series with the Security and Justice Ministers to update JPs about national security initiatives, as well as new laws and regulations that will impact on citizens in their communities.
Mr. Cohen said that there were also structured, ongoing training programmes in place for JPs as the resources allow.
And changes have been made step by step, Mr. Farquharson said of his parish. He said that in that parish (St. Elizabeth) he tries as much as possible to have a JP either in each community or very close by. He said that he is currently processing 37 new JPs to add to the batch of 206 active JPs, who serve alongside 42 supplementaries (over age 75 who can perform duties but do not attend petty session courts).
"They are accessible, we're trying to build up our numbers," Mr. Farquharson said. "My aim is to have one in every community, we're not yet there but we're getting there."
He said that his office endeavours to let people know, as soon as a JP is appointed so they can access the services. Because of this, more than 90 per cent of residents know who their JPs are, Mr. Farquharson said.
Over in St. Ann, Mr. Walters said he does this by posting notices at the Post Offices. In terms of persons not knowing who the JPs are, Mr. Walters said that this is usually a result of poor planning, as people choose to plan their activities at the last minute and don't do enough to find out who their JPs are.
"Many times it's the pastor in the church where they attend and they don't (care to) know. Many times a police superintendent could do the job as well, and we don't know that there's a problem until we see the complaint in a newspaper," Mr. Walters said. "Problems will arise, because, for example, the JP has to say on a passport form how long they know the people and then that's an issue that many have gotten in trouble for."
St. Ann, like other parishes, is divided into zones. Each constituency has a zone and zone representatives carry out investigation to determine the need for the service of a JP in each community. They are installed and replaced through these means.
PROBLEMS
Other problems arise because while there is no want of an oversupply, it is difficult to find people who are qualified for the position, apart from the teachers, Mr. Walters said. There is also need to weed out those whose sole purpose is to have the JP behind their names.
Mr. Ashley (St. Andrew) says that the original concept of a JP, is that of a person whose integrity is beyond reproach and who is commissioned to ensure peace and tranquillity in the community where he resides. JPs are required to be proactive in their communities as facilitators and to become actively involved in conflict resolution.
SELECTION PROCESS
The selection process requires that JPs have some leadership ability, a standard educational background to represent themselves decently in the courts and be smart enough for people to approach them for advice, to sign legal documents and for mediation services.
The ongoing training sessions work at regularising this.
JPs are replaced either when they die, or when their community is not adequately served. When they age and cannot go to court some act as supplementary JPs. Most custodes check their rosters and replace JPs every 2-3 years.
Other developments to come for JPs include stamps for all, conditions that the Justice Ministry is trying to implement.
Mr. Cohen said that the Ministry is planning to provide all JPs with stamps, to have a common pattern through the island and a numbering system for each parish.
Last March, in a move aimed at bringing about uniformity and transparency to the activities of JPs, the Government announced that it would be spending a minimum of $6 million to acquire official seals for the JPs. "This is being worked on and should be implemented shortly," Mr. Cohen said.
