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‘Better protection needed’ for judges and court officials

The Ceremonial Opening of Bermuda’s 2026 Legal Year. Pictured- The Senior Legal Aid Counsel, Susan Mulligan (left), The Solicitor General Shakira Dill-Francios and Attorney General and Minister of Justice, Kim Wilkerson. (Photograph by Akil Simmons)

Senior magistrate Maxanne Anderson has said that stronger measures need to be put in place to protect court officials after a rise in incidents of threats or harassment.

At a special sitting of the Supreme Court yesterday to open the 2026 legal year, Ms Anderson said that over the past two years, there had been a “measurable increase” in threats, harassment, intimidation and aggressive behaviour directed at magistrates, particularly outside court.

She said: “These include verbal abuse, being followed, harassment in public places and conduct intended to instil fear or exert pressure.

“This trend coincides with a broader shift in the nature and seriousness of matters heard in the Magistrates’ Court including more violent offences, emotionally charged disputes and increasingly volatile defendants.

“Court clerks, bailiffs, cashiers, court management and court staff who interact daily with distressed, angry or aggressive individuals are also regularly subjected to abuse, threats and intimidation simply for carrying out their public duties.”

Judges and magistrates at the Ceremonial Opening of Bermuda’s 2026 Legal Year (Photograph by Akil Simmons)

Ms Anderson said that magistrates are required to exercise their functions without fear or favour, so the rise in such incidents could present a serious risk to judicial independence if not addressed.

She said the island should adopt a focused and systematic framework to ensure the protection of judges, magistrates and court personnel.

Ms Anderson also noted a “significant and concerning” increase of road traffic collisions, road fatalities and serious driving offences.

She said: “These trends indicate that the road environment has become increasingly dangerous for drivers, motorcyclists, pedestrians and other road users.”

Ms Anderson said that while education and policing efforts have been launched to tackle the issue, an overarching road traffic strategy could assist by aligning legislation, enforcement, infrastructure improvements and education to offer a systematic response.

The senior magistrate also noted the success of the island’s therapeutic court programmes, such as the mental health court, drug treatment court and DUI court.

Ms Anderson said that the programmes have made a real difference in the community, addressing the cycle of incarceration and offering tools for clients to overcome their challenges.

She added: “Other jurisdictions are now contacting us regarding our therapeutic courts and requesting presentations, articles and guidance in setting up their own treatment courts.”

Puisne Judge Juan Wolffe (Photograph by Akil Simmons)

Puisne Judge Juan Wolffe said that the Sentencing Guidelines Committee has started its work to establish transparent and consistent guidelines for sentences in criminal cases.

He added: “The sentencing guidelines are not intended to be tramlines, so they will not erode the discretion or the independence of the court to sentence offenders in accordance with the specific circumstances of the offence or of the offender.

“We are clear-eyed of the fact that the formulation of the guidelines will invariably be a comprehensive and lengthy process, but the SGC are confident that within 2026, the guidelines will be crafted for at least two prevalent offences, such as bladed articles and traffic offences where injury or death has been caused.”

Mr Justice Wolffe said that an education campaign will be launched to help the public to better understand how Bermuda’s justice system works.

He said: “Unfortunately, public perception of the courts and criminal matters are often shaped by social media, movies, television and what occurs in other jurisdictions.

“It is imperative that accused persons, victims of crime, potential jurors and curious members of the public know exactly what must occur by law and procedure as a criminal matter progresses through the courts.

“If members of the public are duly informed about the criminal law process, then they would be better informed about why some of the decisions are made by the court and why the prosecution and the defence take the legal positions that they do.”

The Ceremonial Opening of Bermuda’s 2026 Legal Year. Pictured- Chief Justice Larry Mussenden. January 30, 2026 (Photograph by Akil Simmons)

Mr Justice Wolffe added that over the past 15 years the island had seen a “disturbing escalation” of young men committing violent offences.

He said: “It seems, sadly, that we have arrived at a place where some of our young men are intent or compelled to resolve disputes by the wielding of a knife or a firearm.

“This is a tragedy on so many different levels as it often results in the loss of multiple people: loss of young men who, by their death, have been deprived of a promising future; loss of the offending young men, who will likely spend the remainder of their youth and a significant portion of their adulthood behind bars.”

Mr Justice Wolffe said programmes are needed to address the offending behaviour, stating it is vital that the prisons have a full-time psychiatrist there every day to assist inmates and a continual life skills programme to give inmates the tools they need to lead lives they can be proud of.

He also said schools, churches and clubs should have life skills programmes to help young people address conflicts in a healthy way, develop communication skills and build self-esteem.

Chief Justice Larry Mussenden praised lawyers, judges and court staff for their hard work over the past year.

Mr Justice Mussenden added that the judiciary had met with the Estates Department to help secure additional civil and commercial courtrooms.

“We really have run out of space and it is no longer fit for purpose,” he said.

The Chief Justice said that the judiciary would like to have at least four courtrooms for civil and commercial matters, noting the “huge demand” as a result of Bermuda’s international business sector.

Meanwhile, he said, he was still awaiting the start of work to create additional courtrooms in the Dame Lois Browne-Evans building to house the Court of Appeal, the Magistrates’ Court and the Supreme Court’s criminal and family divisions.

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Published January 31, 2026 at 7:56 am (Updated January 31, 2026 at 7:56 am)

‘Better protection needed’ for judges and court officials

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