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Judge Charles-Etta lays down the law

She is a formidable, sometimes intimidating presence on the Supreme Court bench, but Assistant Justice Charles-Etta Simmons says she is human just like everybody else.

As one of Bermuda's only two female Justices - the other is Justice Norma Wade-Miller - Mrs. Simmons has presided over some of Bermuda's most talked about court cases in recent years.

Her critics have complained she is too lenient, but more supporters have said she is right on target with delivering her judgements. So what makes this judge tick?

In a recent interview with The Royal Gazette, the lady of the bench herself said it's very simple.

"I love the law," she said with confidence. "But most of all, I like helping people and I like getting to the crux of an issue."

And she moved to set the record straight, defending her rulings in cases that have come before her.

"I cannot comment on the sentences that I have given except to say that whatever sentence I have given I have done with the full facts before me," she said. "But I am always approached by people thanking me - and saying what a sterling job I am doing. It's a relief, because there is so much pressure in this job to do right by the law. So, it's an encouragement to be told job well done."

But for all of the stresses that go along with shouldering the rigors of the courtroom, Mrs. Simmons credits her husband of just over a year, Dr. Femi Bada and their six children, for keeping her mind expanded and her love of reading for keeping her soul at ease.

"What Femi brings to my life is a perspective of a foreigner living in Bermuda," she said of the Nigerian born doctor. "He has been very supportive of me and my career and I was fortunate enough to have met him after he arrived in Bermuda."

Mrs. Simmons, a former Supreme Court Registrar, was appointed in 1999 for a one year term as Assistant Justice.

When controversial Puisne Judge Dennis Mitchell resigned in March this year, the post was left vacant, leaving the court facing a backlog of cases.

So this April, she along with Senior Magistrate Archibald Warner, were called into service as Assistant Justices to help clear a slew of criminal cases - making this her second appointment.

And she admitted she hoped to make sitting on the Supreme Court bench a more permanent stint.

"I think all judges aspire to be the top in their professions," Mrs. Simmons said. "I enjoy the work, it's intellectual and it's a challenge. I think that it's good for the people of Bermuda to see me in this position. First of all I think I have something to offer as someone who is Bermudian, who understands Bermudians from a cultural perspective, yet I also have had the benefit of living abroad for 15 years."

Mrs. Simmons has enjoyed a long and successful career as a lawyer since 1985, and said she does not regret leaving private practise. After serving on the Magistrates' Court bench in the mid `90s, she had her ultimate goal in sight.

"My friends thought I was crazy," she said. "But I had made up my mind that I wanted to be in Government Service. My heart has always been in public service. It's been a dream of mine ever since I decided I wanted to be a lawyer."

Mrs. Simmons reflected on her busy schedule in Supreme Court, giving insight to why there is an increase of violent crimes coming before the courts.

"I don't think it's much different from any other area of the world," she said. "Yes, there are higher instances of reporting crimes and I think it has to do with the fact that the Police are being more vigilant. But I think that the stigma, for example, has gone out of reporting certain crimes such as sexual abuse in women, men and children."

She said presiding over the scores of cases weekly is never boring, noting that when trial lawyers come before her prepared, it makes her job that much easier.

"I don't get tired of it," she said. "A lot of work goes into it, because a judge has to direct the jury on the law and a judge cannot do that unless a judge has a sure foundation of the law. "But no matter how serious a trial is, it can be very enjoyable from a judge's perspective. When counsel are prepared and they know their legal issues, know the facts and deliver their arguments in a rational manner - as far as rulings are concerned if they are not properly prepared, time is wasted. But I must credit the Department of Public Prosecutions for having some talented lawyers who are always prepared."

Of her dislikes of the legal world, she said: "I think that young counsel who cut their teeth in Magistrates' Court think they can come and flex their muscle in Supreme Court. And while I admire the spirit, energy and passion that they devote to their clients, I don't expect them to be disrespectful to me, fellow counsel or at all in court.

"Consul are not always as courteous to one another as they ought to be. Sometimes they take pot shots at each other, but I have not had difficulty maintaining decorum in my courtroom."