Dame Lois promises to increase number of Supreme Court judges
Bermuda could be soon appointing two new judges to combat a current shortage, Legislative Affairs Minister Dame Lois Browne Evans revealed last night.
Dame Lois said she was hoping to set up meetings with the Chief Justice and the Governor within the next couple of weeks.
She said the plan was to change the law to raise the number of Supreme Court Judges from four to five and to add another judge to the Court of Appeal.
She said: "I was one of those people who felt we should have had extra judges some time ago.
"There was an extra judges application by the Chief Justice and the president of the Court of Appeal.'' She said a decision had been put on hold because of the Civil Service review but she would be giving the issue her full attention now.
"I will look into it. There is going to be some relief.
"By the time the House of Assembly opens at the end of the month I will have been able to talk to the Governor and the Chief Justice.'' She said the law change to increase the number of judges could be quickly done and that there was nothing to stop the Chief Justice from appointing more temporary judges in the meantime.
She said: "The Chief Justice has the right to make assistant justices -- just like they did with Charles-Etta Simmons and Philip Storr -- they don't need our permission, except from the Minister of Finance.'' Last week Chief Justice Austin Ward was covering the criminal courts on his own and another barrister had to be drafted in to help plug the gaps.
Puisne Judges Vincent Meerabux and Norma Wade-Miller were on holiday last week and temporary Puisne Judges Philip Storr and Charles-Etta Simmons have come to the end of their 15-month contracts.
But Dame Lois added: "But if two people go on holiday at the same time they know there is going to be a shortage -- I don't understand that at all.
"There is no need for them to both go away at the same time unless there is some dire need.'' Asked about the plans to increase the number of judges, Opposition Legislative Affairs spokesman John Barritt said: "It sounds like they are dragging their feet because the need is immediate.
"Why didn't they provide the funding to allow the two temporary judges to continue in their posts? "It doesn't sound to me like much of a plan and one made up after the fact.
They should stop messing about.
"Funds ought to be made available in fact as well as theory.'' He hinted there might be political motives behind short staffing on the Supreme Court bench and said appointments should be left to the Chief Justice working with the Governor.
He said: "We in the Opposition are concerned because it appears as if the PLP Government is coming suspiciously close to trying to influence the selection and appointment of judges by withholding funding. Any such action by the Government would be improper and contrary to the Bermuda Constitution which clearly and quite correctly provides for an independent judiciary, that is a judiciary that is independent of and free from political interference.
Mr. Barritt said: "The PLP Government knew full well when it withdrew funding for two temporary justices that this would lead to a critical shortage on the Supreme Court bench.
"If the decision to withdraw funding was a question of priorities then the Government has it's priorities wrong.
"The decision is shortsighted, reckless and wrong. The Government of Bermuda should be doing all it can to support rather than undermine the administration of justice in our islands.'' Mr. Barritt said it was difficult to believe the decision to keep numbers on the bench low as due to lack of money.
"We find it difficult to accept that rationale when at the drop of a hat the Government seems to find the necessary funds to undertake overseas travel at the taxpayers' expense, the most recent example of which was the four-person delegation that jetted off to the BVI for a `technical' workshop on British citizenship.
"It seems clear to us in the Opposition, as well as to members of the Bermuda Bar, and we suspect the people of Bermuda as well, that there is a need for more judges in the Supreme Court.
"The necessary funding ought to be provided forthwith by the Government and the decision of who should fill those posts should be left to the Governor after consultation with the Chief Justice -- which is precisely the procedure provided for under the Bermuda Constitution.''
