JPs support call for temporary judges

Jan 27, 2009 News

The Guyana Justices of the Peace and Commissioners of Oaths to Affidavits Association has expressed strong support for the view put forward by the President of the Guyana Bar Association, Teni Housty, concerning the appointment of temporary judges to help with the backlog in the court system.
According to President of the Association, Hermon Bholaisingh, it is relevant and urgent, especially since justice delayed is justice denied.
He contends that delays also add to the cost of litigation. “The Association understands that the many ongoing judicial reforms are aimed at primarily enhancing the institutional capacity of the court system.”
However, he said, the recruitment of more magistrates and judges to deal with the problem with a sense of urgency, following a planned programme on accumulation, delays and backlog, is warranted; but there are other approaches worth considering, since the level of remuneration for certified legal practitioners in private practice in the profession far surpasses that of judges and magistrates in the court system.
According to him, the passage of the Lay Magistrates Bill in Parliament could be of benefit to the outlying areas of the country.
Lawyers, some qualified and experienced JP’s /COA’s, public servants and academicians with some relevant training could be selected to serve, he said.
“Court trials are time-consuming, costly and frustrating, with a win/lose outcome. In the end, relationships of the parties concerned are ruptured and cause distrust and disunity. We can look, however, at the relevance of the Alternative Dispute Resolution {ADR} as a new path to justice. It forms part of the curriculum for the L.L.B. programme at U.G.”
Bholaisingh noted that young, aspiring lawyers at least would show an appreciation for the likely advantages of non-litigious processes in the solution of problems. “ADR is quicker, cheaper, more user-friendly and the process is consensual and confidential.”
According to him, the “Pancheyat” system is a very useful and practical mechanism in the rural communities.
“These bodies can decide on minor infractions, such as domestic quarrels, indecent language, destruction to property, verbal abuse, stealing, etc. and try to find peaceful solutions to the satisfaction of the contending parties.”
He stated that the Local Democratic Organs Act paved the way for the establishment of these bodies, but nothing has been implemented to date.
“The JP Association fully endorses this initiative in the interest of justice and peace.
One should not rule out the role the NDC’s could play in educating the adult population — men and women in matters of family-planning , violence and abuse against women and children; the rights of the child, community spirit and self-reliance: recreational activities, among others.”
Bholaisingh contends that the JP Association is an integral instrument to foster peace, harmony and development in the communities, and can be of immense importance in many activities done by the NDCs.
“The Guyana Bar Association, as an advocate for justice and fair play, can identify possible initiatives so that it can work collaboratively with the JP Association, through the spread of JPs and COAs in the ten administrative regions.”
The JP Association is willing to be involved in the task of helping to restore public confidence in the judiciary, he noted.

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JPs support call for temporary judges

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