THE EDITOR, Sir:
LAY MAGISTRATES or Justices of the Peace are appointed, or more precisely, commissioned, to be the closest representatives of the legal system within the communities across Jamaica. By the nature of their duties they have to know, and be known by, their communities. They have to make themselves available to their communities. This does not mean that members of their communities may call upon them at any odd time, unannounced. A sensible JP makes it known the times and hours when he is available for unannounced visits, but may give appointments for any other hours at his discretion.
The Justice of the Peace is to be respected, not be-cause of his wealth or social status, but because of his integrity. It is not a 'social status' position, but the holder of the office must carry social respectability.
JUDGEMENTS
The Lay Magistrate in addition is called upon to attend the Courts of Law, and to sit at sessions, as appointed, and to make judgements. To this end the Lay Magistrate receives training, and is guided in the courts by the legal representative of the State.
Above and beyond the official legal portfolio the Lay Magistrate literally 'makes peace' within communities. Members of communities who have domestic problems come to him and he uses his office to make peace among the people. In fact, it is becoming demonstrably clear to the writer that the legal system needs serious reviewing to require the police to invite the intervention of the Lay Magistrate in family disputes and youth offences before dragging the offender into embarrassing public hearings.
The writer believes that our present system in which the police by-pass the Justice of the Peace in executing their duties is helping to create more criminals than the offence warrants!
A BUFFER
The experience and mentoring position of the Lay Magistrate should form a buffer between minor offenders and their being dragged before open courts. After a man, woman, boy or girl has been embarrassed by arrest "im no kya". We have given that one a certificate to criminality.
The Lay Magistrate should be called upon, as I am advocating, for him to be (and any masculine usage includes feminine and vice versa). He is supposed to be SOMEBODY in his community, but the very legal system that he represents takes him as NOBODY. He has in his parish, for example, what is known as a Lay Magistrates Association, and none of the administrators within the legal system pays him any courtesy in whatever function they organise to improve the dispensation of justice. He merely receives an invitation to attend such and such a function, staged by such and such an officer, within the system, at a cost of such and such per person. Forgetting the cost, even if it's complimentary, he is not seen as an integral part of a total system. He is merely peripheral and is taught to perform as called upon so to do but NEVER... REPEAT... NEVER, EVER invited to sit in on any discussion or decision-making panel or board. He is a non-entity.
Let me give specific instances of his nothingness! His Presi-dent within a parish is NEVER... EVER invited to sit on the Bench at High Court. Would this not demonstrate to John Public that the JP is regarded in the system? You don't give a mere JP such high honours! You mad!! His President or a panel of senior Justices of the Peace are never invited to sit on a panel deciding who are suitable candidates for Justice of the Peace. Who should know better than the JPs who are suitable candidates for the office?
A Judge with a community restoration plan sees no need to invite a few 'senior' or capable Lay Magistrates to sit and plan with him not-with-standing his vast knowledge and expertise in sociological (if not legal) matters. How can such a far-reaching decision as the removal of a court be taken without the matter once being referred to the justices who form the bridge between the justice system and the people? Justices who are themselves profoundly affected by the decision. You need his participation and native wisdom.
HISTORY SPEAKS TO CHANGE
Does this detract from the seat of authority? The writer's view is that consultation authenticates authority. And if in the process it seems to empower the participants this only serves to enhance the power of the facilitating authority. Our leaders and holders of office must be aware that history speaks to change, and that our modus operandi of yesteryear must be conscious of, and responsive to such change.
The dispensation of justice is NEVER a purely legal matter. The plans for ensuring justice can never be seen as purely the domain of legal luminaries. Laymen have experiential insights and intellectual expertise that can be used to guide the most adept legal luminary in planning. I cannot forget on one occasion working with the present Chief Justice, The Hon. Justice Lensley Wolfe, on some matter pertaining to the Brotherhood of St. Andrew. The Anglican Men's Fellowship, when he paid the compliment of asking me why I hadn't done law!! I know no law, per se, but the law of justice and balanced judgement. My experience can help in the course of the dispensation of justice.
If the legal system expects the Lay Magistrate to show respect and to command respect,then the holders of offices of authority within the legal system MUST begin to show respect to the Lay Magistrate. Invite him into their decision-making councils and stop merely handing out belated invitations and edicts to him. And whether or not he has any contribution to make at such councils in terms of ideas let him nonetheless learn to deepen his experience.
As it stands, the position of Justice of the Peace is a Beggar's Office.
I am, etc.,
HERBERT L. BROWN, JP
P.O Box 344,
Mandeville
