Francis may not retire as Senior Magistrate
advertised the position of the Senior Magistrate again.
But the current top magistrate in the lower courts, Will Francis -- already finishing his second extension of his contract -- might not retire on his 69th birthday in March if Government still needs him.
Mr. Francis turned 65 in 1997 and accepted a two-year contract from Government and last year accepted a one-year contract until March 2.
The extensions are believed to have been offered because of difficulty in filling the position in recent years with many lawyers shunning the $98,297-a- year pay.
Complicating the picture has been resistance by some members of the legal profession against the next most experienced magistrate, Edward King, getting the top job.
Mr. King has had a checkered time on the bench with several well publicised clashes with lawyers, prosecutors and defendants.
A new twist this year will be the presence on the bench of former prosecutor and defence lawyer Archibald Warner who has been a magistrate for just over one year.
Mr. Francis said: "At this stage I have not been offered anything. Yes, I'm certainly willing to continue, but it is a matter for the Government.'' He smiled and added: "I'm sure there are others around who may want the job.'' The Senior Magistrate is expected to have thorough knowledge of criminal, civil, family and liquor licensing laws.
Applicants must be trained lawyers with at least seven years experience in the courts and must have management skills.
In an effort to reduce the extensive backlog of court cases -- magistrates are currently setting down criminal trials for late April -- the successful candidate will be expected to address the problem. A listing system is expected to be instituted.
The Senior Magistrate is expected to exercise his or her statutory duty under the law including the Magistrates', Criminal Appeal, Coroners, Liquor Licence Acts.
Magistrates preside over criminal, civil, family and juvenile cases, including preliminary inquiries, trials, landlord and tenant, and matrimonial cases.
The Senior Magistrate is also the chairman of the Liquor Licensing Authority, which grants operating licences for restaurants and bars.
Coroner's inquests will also come under the magistrate's purview.
Also in the lower courts, Crown counsel Leighton Rochester will be moving from the criminal side of the bar to the civil side.
He will move from the Department of Public Prosecutions to the Attorney General's Chambers to replace JoDina Pearman who left late last year for the private sector.
The successful applicant for the $60,638-to-$75,073-a-year job will advise Police and other Government departments on criminal cases, and conduct the cases before magistrates.
Only people called to the Bermuda Bar as a barrister and attorney can apply and previous experience is preferred.
Applications for both positions must be in by January 26.