The growing friction between the Cabinet Office and Government House does not seem to be showing any sign of abating.

While relations between Government House and the Cabinet Office have not broken down completely, the need for Britain?s Foreign Secretary to resolve a disagreement over the appointment of a new Chief Justice to replace Austin Ward, who is retiring, shows that all is not well.

Some of this stems from the different functions of the Governor and the Government. What the Governor, on behalf of the British Government, thinks is best for Bermuda may be different from the Government?s point of view.

The appointment of a new Chief Justice is a case in point.

This is arguably the most important decision the Governor will make during his tenure, because the Chief Justice?s role, both as the head of the local judiciary and as the leader of the local bench, is vital both in maintaining local confidence in the judicial system and in maintaining confidence in Bermuda as an international jurisdiction.

The Supreme Court also needs, if not reform, then shaking up. Cases take years to come to trial, court recording systems are obsolete or worse and the system gives every sign of being overwhelmed by the demands being placed upon it.

Government has made it clear that it would like to see Puisne Judge Norma Wade Miller appointed. She has Bermuda status and she is the mother of Bermudian children. Her roots in the community are deep. She has held virtually every post in the judiciary short of being Chief Justice through 20-plus years of service in the courts.

Views on her ability as a Puisne Judge vary. Some see her as an excellent judge while others are less charitable. She has had her share of judgments reversed by the Court of Appeal, although she has been reversed no more than other judges.

It is likely that she would be a competent Chief Justice.

The question then is whether she is the best candidate.

It is understood that the Governor and the committee he appointed to consider applications have recommended former Bermuda Puisne Judge Richard Ground, now the Chief Justice of the Turks and Caicos Islands, to take the post, although just who the Governor has recommended to the Foreign Secretary remains confidential.

Mr. Ground, who was Attorney General of the Cayman Islands before coming to Bermuda in 1992, had an excellent record as a judge in Bermuda and was especially respected for his handling of civil and commercial cases.

There has been little criticism of his performance in the Turks and Caicos, and there is every reason to assume that he would be a first class Chief Justice. He may well be the best person to improve the efficiency of the courts as well.

On the other hand, he is not Bermudian, he has few deep local ties beyond those he made when he was on the bench in Bermuda.

All things being equal, it would be preferable for a Bermudian to get the job.

But if the committee and the Governor feel that Mr. Ground is the superior candidate, then the question is does the fact that Mrs. Wade Miller has deeper community ties override that?

It is worth nothing that a judicial selection committee last year recommended two Bermudians to be judges from a wide range of candidates and they were appointed. So it is reasonable to assume that there is no bias against Bermudian candidates on Langton Hill.

This is a decision that is reserved to the Governor for good reason. It is an appointment that must be made without fear or favour and rightly it should be taken from outside of the political realm.

If the selection committee and the Governor have taken all factors into account and feel that Mr. Ground is the best overall candidate, their decision should be accepted by the community.