Calls for transparency in judicial appointments

Jun 04, 2017 News

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JSC could add advertising to selection process– official

By Rehanna Ramsay
More than a decade ago, steps were taken by the Westminster Parliament in England and Wales to bring an end to judicial appointments through invitation.

The move was in the interest of transparency and promoting fair and open competitiveness at the level of the judiciary.
Since moving away from the old system, the British have relied on a procedure which entails publicly advertised notices of vacancies, open job competitions, written tests, and selection panels articulated by standards and competencies, and training schemes to enhance, the pool of qualified applicants.
Much like the Britain, Guyana’s process of selecting judges, (magistrates) has been one primarily by way of invitation by Judicial Service Commission, (JSC).
Recently, there have been calls for transparency by members of the Executive in this regard.
However, the JSC, given its autonomous nature, has the authority to implement a system which provides more clarity and scope in the appointments.
An official close to the JSC has noted that even as the commission provides for appointment by invitation, there is absolutely nothing wrong with inviting applicants by way of advertisements.
The official explained that the course of action currently relied on by the JSC can be very instrumental in terms of promoting those already employed within the judiciary; publicly advertised notices have the capacity to reach a wider scope of candidates.
“In my view, there is no reason why both systems cannot work simultaneously. The current system has not necessarily failed.
“Expect for a few instances, the JSC system generally works. But there is also nothing wrong with opening the process through advertisements.”
With application by invitation, the JSC can select quality candidates from the pool of attorneys in private practice; lawyers employed by the State or those employed by the Magistracy.
Prior to the selection, the official said the JSC would “eye” the pool of attorneys and invite candidates to apply based on their qualifications, conduct, and performance.
“In appointing a judge there are a number of variables involved. A judge has to be balanced in his/her work. And by law, an attorney must be at least seven years in practice before he/she can be appointed to judgeship.”
“Therefore, the problem remains when persons are to apply by way of public notices. You really don’t know what you’re getting or the work performance of the applicants. You’ll be shooting in the dark “
The official therefore contended that additionally with this process, the JSC has a wider task of evaluating and shortlisting applicants.
The official emphasized, too, that once appointed, a judge enjoys security of tenure; a Judge’s right to employment is protected by the Constitution.
Nonetheless, the official outlined that JSC has the leverage to expand the process of judicial appointments.
“Both systems can work side by side. It only requires more work on the part of the Commission, in terms of evaluating and short listing the applicants. But the important thing is that in the end Guyana secures the best candidates for job.”
In a most recent comment on the matter, Attorney General and Minister of Legal Affairs, Basil Williams, noted that the APNU+AFC coalition has not changed its views with regards to transparency in the recruitment and selection process for appointing Judges.
In the past, members of the Coalition had voiced concerns over the process employed to appoint persons to sit at the helm of the Judiciary.
While in opposition the party had expressed discontent over what was referred to as secret appointments or handpicking of Judges to satisfy vacancies within the Judiciary.
Instead of appointments “by invitation,” the coalition had called on the Judicial Service Commission (JSC) to adopt a system which relies on publicly advertised notices of vacancies and open competitiveness so as to attract the best possible candidates to fill the vacancies.
The Attorney General, (AG) listed qualifications, experience, expertise, integrity and work ethic, among the issues to be considered in the selection of such persons.
”The process should not be a closed one because it limits the scope of ensuring that those holding judicial offices are selected solely on the basis of merit,” the AG posited.
He further stated that it has always been the desire of the coalition to have the process of selection conducted in an open manner, so as to allow those holding the offices of Judges to undergo fair and open competition.
With recent appointments of Appellate Judges and impending appointments of more Puisne Judges, Williams noted it is still the wish of the government to see the procedure used by the JSC amended.
Acting Chancellor of the Judiciary, Justice Yonette Cummings-Edwards had explained that the recommendations of the JSC follow a process of careful evaluation.
Suitably qualified individuals are then invited by the Commission to apply for the position.
”Those invited to apply are selected based on their conduct, competence, character, performance and qualifications.”
”The applicants are then shortlisted and interviewed by the JSC. Based on that process, the JSC would make recommendations to the President for judicial appointments.”
The Chancellor noted that while this has been the practice of the Judiciary for some time, “The issue is one of tradition; it is not necessarily etched in stone.”
While it is the practice of the JSC to invite applicants, Justice Cummings-Edwards asserted that there is nothing stopping suitably qualified individuals from applying to the JSC.
”We have had such applications in past and they were taken into consideration by the Commission.”
As it regards, advertising the vacancies, the Head of Judiciary said that she sees nothing wrong with amending the rules of the JSC to widen the scope of having the vacancies filled based on the basis of merit, through open competitiveness.
”It would be something for the Commission to take into consideration,” added the Chancellor.

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