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Apr 18, 2010 News
By Latoya Giles
The non-appointment of Senior Counsel in Guyana for the past 13 years is unfortunate and of serious concern, says President of the Bar Association, Teni Housty. The President, in an invited comment yesterday, said that there were six appointments in 1996 and no more to this date.
Those appointed were Justice Ian Chang, S.C, now the acting Chief Justice; Ralph Ramkarran S.C., the speaker of the National Assembly; Charles Ramson S.C., M.P Attorney General; Richard Fields SC., Moen McDoom, S.C. and Samuel Brotherson S.C. (deceased).
Housty suggested that the politics should be removed from the appointments and the appointment should be processed.
In the past, he said that many lawyers had called for the introduction of a more transparent process for the appointment.
Housty said that the failure to appoint senior counsel, can be seen as a disservice not only to the Legal Profession in Guyana, but also to the State and society as a whole.
He explained that the failure operates at both a philosophical and practical levels. From a philosophical level, according to Housty, the non appointment of senior counsel comes at a point when most Guyanese are asking, “Where are the role models?”
The failure to appoint, he says, is yet another wasted opportunity to recognise role models not only in the profession but also in society as a whole. The appointment of senior counsels is one chance for the State and the legal profession to act together in support of the administration of Justice in Guyana.
At a practical level, Housty said that the appointment should recognise those professional attributes to which the practitioner has accomplished and also the respect the practitioner gets from the public. He further said that those factors would contribute to the strengthening of the administration of justice in Guyana.
He said that there is no need to question if there are practitioners in the legal fraternity in Guyana who meet those characteristics highlighted above, but yet there has been no recognition of those attributes and accomplishments.
Moreover, Housty says that part of the failure also has to do with the knowledge of the criteria for appointment in Guyana.
Housty explained some of the criteria applied to Guyana include a high intellectual capacity, comprehensive and up to date knowledge of law procedures in the chosen field of practice and of legal method. Also, the lawyer must demonstrate commitment to the provision of the highest level of service and the pursuit of excellence.
A history of and reputation for honesty, discretion and plain dealing with the courts, professional colleagues, lay and professional clients is also required.
Independence of mind and moral courage professional standing, namely, having the respect of the judiciary and the profession with respect to observing duties to the courts and to the administration of justice.
They have demonstrated exceptional qualities of leadership in the profession, outstanding work in the fields of legal education or legal scholarship; and maturity of judgment and balance based on many years of practice of the law.
Henceforth, Housty says that an examination of the history suggests that part of the problem related to the politicising of appointment in the 1980s. He said that stories in the legal web, indicate that during that time if one did not share a political ideology, ones achievements in the profession would not be recognised with the preferment of the badge of honour of being appointed as S.C, Housty explained.
Efforts to contact the Chancellor of the Judiciary proved futile.
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