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Setting a benchmark

when he or she is named to the bench as a judge.This has rarely been the case in Bermuda, where the final destination for many high quality lawyers seems to have been a partnership in a major law firm.

when he or she is named to the bench as a judge.

This has rarely been the case in Bermuda, where the final destination for many high quality lawyers seems to have been a partnership in a major law firm.

Very often the same thing happens overseas, but there does seem to be a greater reluctance on the part of many senior lawyers in Bermuda to spend time on the bench.

Some of this may be historical: For many years, most of Bermuda's judges and magistrates came from abroad, in part because there were few local applicants, but more often because there was a colonial service of lawyers who spent time as magistrates in one colony, became Attorney Generals in another and moved on to judgeships in a third.

It should be remembered that Sir James Astwood, the former Chief Justice and now the President of the Court of Appeal, went to Jamaica to become a magistrate, essentially because he saw his career blocked in Bermuda due to his race.

Times have changed and opportunities have grown for all lawyers. But Bermuda's courts continue to have a problem attracting qualified Bermudians, despite the fact that there are many who are qualified to fill the positions.

This is not to say that there have not been excellent judges and magistrates.

Sir James Astwood is one, and Senior Magistrate Will Francis has served on the bench in Magistrates' Court with distinction. Other good magistrates have included Arthur Hodgson, now the Environment Minister, and Cheryl-Ann Mapp, who left the bench for private practice. Bermuda has also benefited from good non-Bermudian judges, including Richard Ground, who recently became Chief Justice of the Turks and Caicos Islands.

This is not solely a problem for the bench, but for the Attorney General's Chambers as well. The list of former Crown counsels who have gone on to successful careers in private practice is very long. While some attrition is inevitable, some of the blame at least has to be laid at the feet of the low salaries Crown counsels receive relative to the private sector. The same problem applies to judges.

As lawyer Keren Lomas said of magistrates in Tuesday's paper: "The problem is 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.'' Decent pay is important for another reason. Judges and magistrates should not be placed in a position where they are financially insecure because this will encourage corruption.

Bermuda needs good judges and magistrates because the courts must have the confidence of the public, who depend on it to safeguard democracy and to ensure personal safety. For Bermuda, a strong judiciary is also a vital component in the continued growth of the economy, especially in international business.

But quality comes at a price and if Bermuda wants a respected court system, it should be prepared to pay for it.