A way forward for the appointment of new JPs

Oct 01, 2010 Letters

Dear Editor,
A standing committee should be appointed in each magisterial district that would make recommendations to the Attorney General or a select committee set up comprising a representation from the Ministry of Legal Affairs, Guyana Police Force and a representative of either the Ministry of Legal Affairs or the Magistracy as secretary. This would assist the process for appointment of Justices of the Peace and Commissioner of Oaths to Affidavit to be legitimate and transparent.
The criteria for the appointment of JP’s and COAs need to be established as well as to assist in the management of the JP’s system. It is recommended that an office of a Chief JP be set up similar to the Chief Magistrate in the Judicial System.
The Chief JP will monitor all JPs and COAs in the country. The role and function of JP’s and COAs need to be properly identified and demarcated because specialised training may required for additional functions such as acting as Lay Magistrate to decide on minor matters like speeding and traffic offences, etc., as well as assisting in reducing the current backlog of minor cases.
A performance management tracking system must be developed to assess the behaviour and performance of JPs and COAs in their duties and this should be in keeping with the criteria of a code of conduct. Particular attention must be directed to the future scenario where they would represent a high office, especially on the bench in limited matters.
In the future a register system should be introduced in the Ministry of Legal Affairs. List of all current JPs and COAs should be posted conspicuously in every Magistrate Court, Police Station, Prison, NDC, Post Office, etc. Names of JPs should also be shared with school principals and librarians in the communities so that persons in these areas would know who to turn to. The amount of money being offered to JPs as remuneration should be increased because inflation and normal expenses would erode the value.
Too small a stipend can foster corruption among JPs as they seek to increase their remuneration by other means. JPs should seek legal counsel to clarify the issues of powers of arrest and the value of warrants, etc. JPs should speak to the Divisional Commander if their encounter any difficulties at various police stations. JPs should be trained as mediators for their communities. The family court would take care of most mediation involving family disputes, but there is still a great need for community mediation. A draft bill can be used as a useful base to develop a more comprehensive legislation and would speak to the many issues and roles affecting JP’s.
A new JP Act should be drafted because we have inherited and antiquated Act which is over 100 years old. Other countries including the Commonwealth countries have revised their Act to suit the modern era.
JPs should be allowed to adjudicate small matters but not by themselves they should Act in pairs or threes. As a JP myself I would suggest that JP’s be invited in their official capacity to functions being held in their areas in order to build a good public image because the public view JPs in a bad light from past experiences. I would also suggest that the press releases be made from time to time to make the public aware of the importance of the duties and functions of the JPs. Let us all work together to salvage the pride of JPs some of whom represent a third generation of community service in Guyana. We need also to have TV call in programmes and debates.
JPs and COAs code of ethics need to be revisited and revised in an information manual for public awareness. This would assist the public to understand the important role of JPs in society. JPs have to be very careful with shady characters.
Do not put yourself at risk, if you are not sure of a document do not sign it, ask questions. If there is any doubt send the person to a lawyer. JPs should engage in rehabilitation of repeated young offenders.
A well functioning JP system can strengthen crime prevention and awareness. We need to raise to a higher level the image and prominence of all JPs and COAs in society. JPs and COAs would then be recognised for their true worth by helping their fellowman and community without looking for excessive monetary reward.
Hermon Bholaisingh HOLAISINGH J. P.

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A way forward for the appointment of new JPs

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