McCalla - file

Barbara Gayle, Staff Reporter

When Justice Zaila McCalla took over yesterday evening as Jamaica's first woman Chief Justice, she joined an elite and select group of female achievers in the field of law, and thereby etched her name in the annals of Jamaican trailblazers.

But unlike her colleagues in other jurisdictions, her appointment comes with arduous responsibilities, not merely in terms of her job description, but by virtue of the time at which she is taking over.

Chief Justice Lensley Wolfe, whom she will be succeeding, said recently that he was not to blame for the poor state of the segment of the justice system for which he was responsible - for the last 10 years - as he had not been given the resources to undertake the improvements the system needed.

The Government, with the input of all the other stakeholders involved, and with foreign assistance, is right now finalising the most comprehensive reform of the justice system the nation has even seen and will soon bring the country up-to-date with these deep and far-reaching plans.

It is on Chief Justice McCalla's shoulders that the immense and challenging task of implementing the changes and adjustments that have been recommended will rest, starting with the first day of her tenure. So, for her there will be no honeymoon, not if she sets out to make a real difference and get the masses of the Jamaican people to have faith in the justice system as an institution which puts their interests at the highest priority.

She is taking over command and control of the judiciary at a time when poor people's cries for justice assault the conscience, if not the heart, everyday, from almost every community throughout Jamaica.

The conventional wisdom - from the aggrieved layman citizen to academics, to the practitioners of law - is that the justice system needs a complete overhaul.

Ability to get job done

Some members of the legal profession, asked for their views last week, agreed that Chief Justice McCalla will have to play a pivotal role if the justice system is going to change in a meaningful way.

Senior Puisne Judge Marva McIntosh said the new Chief Justice has the ability to get the job done.

"She is a calm but firm person and her calm manner will be an asset to the job," Justice McIntosh added.

John Leiba, president of the Jamaican Bar Association, proposes that the Chief Justice have a meeting of the Bench and Bar as one of her top priorities. Tackling the huge backlog of cases cluttering the court system and the appointment of more judges must be high on Chief Justice McCalla's agenda, he said.

George Soutar, president of the Advocates' Association, said she must follow in former Chief Justice Wolfe's footsteps and tackle the inefficiency in the justice system, of which the court is a part. Soutar pointed out that the inefficiency results in backlogs in the courts, and affects many people in the remand facilities who are awaiting trial and bail hearings.

"If she is able to get on top of these, the system will move efficiently," he said.

Dr. Carolyn Gomes, executive director of Jamaicans For Justice, the human rights lobby group, said Chief Justice McCalla's first priority must be to ensure that every person who comes before the court is treated with respect and dignity.

"The very first experience of walking in the courthouse is enough to underline for everyone, those less than equal," she said. Dr. Gomes was very concerned about the treatment meted out to the less fortunate members of the society when they attempt to enter the courthouse for legitimate business.

"There must be a fair standard of treatment and respect for everyone, in their interaction with the court, which would require people to understand that the police, court staff and judges are the servants of the people. Once everybody is treated with respect, then that will begin to break down the barrier between the people and their justice system."

Dr. Gomes too observed that the new Chief Justice would have to tackle urgently, the backlog of cases.

Nancy Anderson, legal officer for the Independent Jamaica Council for Human Rights, commented:

"I have known Justice McCalla from she was a resident magistrate. We served together on the RM Rules Committee and later on the interregnum Legal Aid Council before the Legal Aid Act was passed. She has a great deal of experience in all levels of the justice system and, in particular, has worked with several committees on administrative matters, which will assist her, as the Chief Justice has many administrative areas to supervise.

"Her manner of listening carefully to what others have to say and then articulating her position is admirable. She is quiet, but forceful. These are qualities a judge must have and, more importantly, the chief judge."

Anderson was in no doubt that Justice McCalla has the qualities necessary for "this high position" and that she will be "prudent in exercising judicial power, firm in defending judicial independence and, above all, a faithful guardian of the Constitution".

Not abusive

Senior Resident Magistrate Glen Brown describes Justice McCalla as one who would see to it that individuals carry out their functions, "but she will not be one who will be abusive or ridicule anyone. She prefers to lead by consensus and is not one who is autocratic".

He said her background as a former president of the Resident Magistrates' Association, and her vast knowledge in other areas, would assist her in formulating policies as they relate to the justice reform programme.

"Her vast experience and knowledge as a former president of the RMs' Association will help to improve the resident magistracy," he added.

Mrs. Justice McCalla, who has been a member of the Bar for the last 31 years and has worked in the judiciary since then as a Clerk of the Courts, a crown counsel, assistant director of public prosecutions in the Office of the Director of Public Prosecutions, a resident magistrate, a Master in Chambers of the Supreme Court, a Puisne Judge and as a Judge of Appeal, will have to draw on every aspect of her vast and deep experience to fulfil the high ideals which her associates from the Bar and Bench say they expect of her as the Chief Justice of Jamaica, who will be proactive in transforming the justice system.

barbara.gayle@gleanerjm.com

Her manner of listening carefully to what others have to say and then articulating her position is admirable. She is quiet, but forceful. These are qualities a judge must have and, more importantly, the chief judge. - Nancy Anderson, legal officer for the Independent Jamaica Council for Human Rights.

... she will not be one who will be abusive or ridicule anyone. She prefers to lead by consensus and is not one who is autocratic. - Senior Resident Magistrate Glen Brown

She is a calm but firm person and her calm manner will be an asset to the job.

- Senior Puisne Judge Marva McIntosh