No senior counsel appointment since 1996

Jan 24, 2012 News

The non-appointment of Senior Counsels in Guyana for the past 16 years is unfortunate and of serious concern, legal practitioners argued yesterday. The last set of senior counsel appointments was done 1996.
Those appointed were Justice Ian Chang, S.C, now the acting Chief Justice; Ralph Ramkarran S.C., the former speaker of the National Assembly; Charles Ramson, the former Attorney General; Richard Fields, Moen McDoom, and Samuel Brotherson (deceased).
It was explained that the Chancellor Carl Singh would make the recommendation to the President. The chancellor would also consult with his judges with regard to the recommendation. After that is done the President would then act on that recommendation. However, according to a legal source, the appointment has a lot to do with politics.
“These things are usually politically motivated” lawyers who spoke with Kaieteur News stated. It was explained that there are many junior lawyers who have served in the profession.
Former president of the Bar Association, Teni Housty, had 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 had told Kaieteur News 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.
In his explanation, he said 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 counsel 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.
Housty had stated that those factors would contribute to the strengthening of the administration of justice in Guyana.
The former president had said that there is no need to question if there are practitioners in the legal fraternity in Guyana who meet the characteristics, 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.
He had told Kaieteur News that an examination of the history suggests that part of the problem is related to the politicising of appointments 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.

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No senior counsel appointment since 1996

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