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Union boss stirs storm over appointment of next Chief Justice

BPSU general secretary Ed Ball Jr.

Union leader Edward Ball has urged Islanders to kick up a storm if a Bermudian is not appointed as the next Chief Justice.

The Bermuda Public Services Union general secretary believes Puisne Judge Norma Wade Miller has all the necessary qualities to take over the top post from Austin Ward.

Normally the Governor makes the appointment after consulting with the Premier and leader of the Opposition.

Premier Alex Scott has made it publicly known that Government supports Ms Wade-Miller, but Governor Sir John Vereker has chosen to set up a panel comprising of someone from the British Foreign and Commonwealth Office, the Bermuda legal profession, and the Public Service Commission.

Mr. Ball said there was understood to be heavy lobbying for another overseas candidate, believed to be Turks and Caicos Chief Justice Richard Ground, who was a Puisne Judge in Bermuda from 1992 to 1998.

A third Bermudian candidate is also believed to be on the short-list.

Mr. Ball said Ms Wade Miller - although he does not name her - is fully qualified to take the post and should have been appointed.

Mr. Ball said: “Bermuda has for years argued for the importance of developing Bermudian talent.

“It has an example of such talent just now. If the appointment goes to a guest worker, what are the chances in public life for any Bermudian man or woman with ability and ambition to serve the country?”

Mr. Ball urged Bermudians to write to the Foreign and Commonwealth Office, Premier Alex Scott, the Governor, and bombard the talk shows.

“If this appointment goes the wrong way, a guest worker will be Chief Justice for approximately 15 years.

“How far will you or your children be able to go in their careers? The result of this appointment is important to all of us.”

Referring to Ms Wade-Miller, who was not born in Bermuda but is a long time citizen, Mr. Ball said: “Bermuda has a judge who has the credentials to hold this post, and who has practised here for well over 20 years.”

Mr. Ball said the other overseas candidate for the post was reputedly a better lawyer than Ms Wade Miller.

“That may or may not be the case, but it is not the only issue that should determine the case. All for a post of this kind will all be highly competent.

“Once the issue of competence is dealt with, and the records and references of all these applicants surely deal conclusively with this, it is the combination of this strength with other requirements that must determine the legal issue.”

He said a local candidate with an understanding of “people, culture and law which ensures that verdicts are appropriate and duly understood” was needed.

The Chief Justice must also understand the political debates “and be able to assess the legal consequences of reform and make clear decisions as to what these consequences might be.

“A Chief Justice must be able to provide independent and clear advice to ministers which will help them with legal proposals.

“A Chief Justice must be a person who, in addition to being a competent lawyer and judge, understands and can work with the administrative and political realities of modern life.

“The candidate is as a matter of record, a Bermudian who has demonstrated all these qualities for years.

“Her judgements are based on the merits of any case and, in politically sensitive cases, and her record on judgements for or against Government arguments, is equally spread.

“She has the unequivocal support of the entire Government and an impressive range of legal and administrative supporters as well.

“By the standards of European and American employment policy, that candidate would be the next Chief Justice.

“A legal academic (the other candidate) who has little knowledge of these islands, will be of little use here.” Deputy Governor Nick Carter said yesterday: “The Governor and the British Government has a responsibility to ensure that the best person for the post gets it.”