Delroy Chuck
THE ADMINISTRATION of justice, perhaps like everything else in Jamaica, is in a scandalous mess. Justice is easily one of the most important cornerstones of a democratic society, yet it is not given the importance and priority it deserves. This PNP government, after 17 years, with all the resources, help and support it has received from foreign and local sources, has simply failed to provide the needed machinery to deliver justice in a simple, timely, orderly and accessible manner.
"The conditions of our courts and attendant facilities at every level," laments the Report of the Council of the Jamaican Bar Association for the period June 2005-April 2006, "are disastrously appalling, in short, horrifying." It continues: "It appears abundantly clear that the administration of justice is not a priority for the Government and that the improvement of the administration of justice is not seen as a necessary component to the modernisation of the Jamaican society. Maintenance of the justice plant in its full sense continues to be inadequately budgeted."
LIST OF PROMISES
The Bar Association notes the many announcements, including the extensive list of promised improvements and constructions in former Prime Minister's P.J. Patterson's last budget presentation and the Hon. A.J. Nicholson's "elaborate and comprehensive plan to reform and modernize the system of justice." It concluded: " We are accustomed to hearing and receiving promises. They have been given before resulting in zero...(O)ur consistent agitation at every opportunity, in every medium, in every forum has earned us more promises and nothing more." The report of 49 pages should be put on the website for Jamaicans to see the sterling contribution of the Bar Association to civil society. It exposes the maladministration of justice in every portfolio of the justice ministry, the Registry of Titles, parliamentary committees and areas of the society.
Just when are we going to get things right? Less than 15 years ago, the United States Government engaged the Jamaican Government in a massive improvement to the whole justice system, under the Sustainability of Justice Programme - courthouses were rehabilitated, law reports updated, equipment provided, management systems recommended, and volumes of suggestions and solutions proffered for the better administration of justice. Some of the recommendations and suggestions have been implemented, but inadequately done.
For example, the court system is poorly administered and urgently needs better management and personnel. Court administrators were recommended for every court to oversee maintenance of the court, manage the flow of case files, contact and remind attorneys and participants in pending cases and for the better use of court time; in effect, they would be managers of the plants. Disappointingly, these administrators were appointed but at a low level in the civil service scale, which cannot attract and keep the high quality managers required to effectively manage the court system. Without better management of the court system, things will continue to fall apart and, in truth, is now at a crisis stage.
RATIONALISATION PROPOSED
Then, a process of rationalisation of the court system was proposed, which would have saved an enormous amount of money. There are about 53 magistrate courts and outstations around the island, some of which compete with the police for space, and used sometimes for only two days of the month. The consultants, and I was one, recommended an upgrading and centralisation of these courts, so that there would be at most around 30 magistrate courts, which could be properly maintained and administered. Nothing significant was done. Only now, we hear rumours that this suggestion will be implemented.
In truth, the administration of justice demands a better allocation of resources to maintain the plants, attract quality personnel and properly pay the judges. Imagine, for almost four years, since 2002, the judges have not got any pay increase and only recently we learnt, from a question I posed in Parliament, that the judges will get retroactive pay for a 3% annual increase for the previous 4 years, which is a shocking disgrace, when one considers that inflation has averaged over 12% annually. When we treat the administration of justice, the judges and the physical plant with such scant disregard, it surely amounts to maladministration of justice.
Delroy Chuck is an attorney-at-law and Member of Parliament. He can be contacted by email at delchuck@hotmail.com.
