Francis asked to remain on the bench
another year.
And while the re-appointment has been welcomed by some sections of the legal profession, it has also sparked off fresh calls for judicial posts to be paid higher salaries in a bid to attract more applicants.
Last night Mr. Francis, 67, who has held the post since 1989, revealed exclusively to The Royal Gazette that he will continue as Senior Magistrate for another year.
"I have been told by the Chief Justice that I am to continue for another year from March 2,'' he said.
"I was expected to close down here at the end of the month for all practical purposes but I have been told by the Chief Justice that the Governor has given me another year.
"I have always made it known that I was always willing to continue. I am willing to go on for another three years if the Governor agreed to it but he told the Chief Justice to give me another year so I said fine.
"This is my second extension. I was 65 in 1997 but was given a further two years then.'' The re-appointment is seen by some as a snub for maverick magistrate Ed King.
Although Mr. King has been Mr. Francis's understudy since joining the bench five years ago, his conduct in court has often caused controversy.
In recent months, he has sparked outrage from both solicitors and defendants after making controversial comments.
And he has also had a number of judgments overturned following appeals in the Supreme Court. One court insider confirmed that Mr. King, a former teacher, was regarded as a loose cannon and not thought suitable for the post of Senior magistrate.
Yesterday Deputy Governor Tim Gurney hinted that the reason why Mr. Francis is being kept on for a third year past normal retirement age is because of a lack of willing applicants waiting to fill his shoes.
"The Governor takes advice on these appointments in discussion with the Chief Justice and it was thought the best way to proceed was to appoint Mr. Francis for another year and then look at the future,'' he said. "We are aware of the problem of recruiting magistrates in Bermuda but thought that, for the time being, this was for the best.
Magistrates underpaid "Judiciary appointments have never been easy. It has always been the desire to appoint Bermudians and there's no change of plan there.'' Bermuda Bar Association president Narinder Hargun insisted that magistrates' salaries needed to be increased if the problem of a lack of applicants is to be solved. Magistrates earn between $81,798 and $88,684 a year.
"Pay for the judiciary in general is not very high, particularly compared to private practice,'' Mr. Hargun, who works for law firm Conyers, Dill and Pearman, said.
"In the past we have been making representations to the relevant bodies that salaries should be higher both for Supreme Court judges and magistrates.
And barrister Keren Lomas also said that more money should be on offer for magisterial posts.
"I am very happy to hear that Mr. Francis will be remaining as Senior Magistrate -- he lends the bench the dignity it deserves,'' she said.
"But there is a problem with recruiting magistrates in Bermuda. The problem is that magistrates are expected to have ten years experience and, once you get ten years experience you're good enough to go into partnership or set out on your own.
"Magistrates just aren't paid well enough to attract the bright legal minds that are needed for the position.'' Last night Chief Justice Austin Ward refused to discuss the appointment of Mr.
Francis or magistrates' pay-scales.
MAGISTRATES LAWYERS LEG