Bermuda has taken an embarrassing step backwards by renewing Chief Justice Richard Ground's contract for three years rather than appointing a local judge, former Premier Alex Scott claimed last night.

Government House announced yesterday that Mr. Justice Ground – whose original five-year contract was due to run out in March – would continue to preside over the Supreme Court until the end of March 2012.

Deputy Governor Mark Capes would not comment on whether the English judge – whose original appointment to preside over the Supreme Court sparked controversy in 2003 – had been asked to help identify or train a Bermudian as his successor.

But Attorney General and Justice Minister Kim Wilson, who has no say in the appointment, said: "Based on my working relationship with the Chief Justice, I am confident that Justice Ground will, no doubt on his own volition, mentor a Bermudian successor to take over from him in 2012."

Mr. Scott, who as Premier strongly objected to Mr. Justice Ground's initial appointment and favoured local judge Norma Wade-Miller, told The Royal Gazette last night: "I think we have missed a window of opportunity to place an eminently qualified Bermudian in that post."

Mr. Scott said the inference five years ago, when then Governor Sir John Vereker plumped for Mr. Justice Ground, was that a Bermudian would replace him at the end of his contract.

"I'm disappointed," said Mr. Scott. "The window of opportunity has been closed for another three years. I don't care who says what, there is no succession plan. Certainly, the moment has long since come and now passed to have a Bermudian in that very important post."

He added: "I'm disappointed for Justice Wade-Miller, disappointed for Bermuda and embarrassed that we as a Country have taken this step, I would have to say, backwards."

Under Bermuda's Constitution, the Governor appoints the Chief Justice, after consultation with the Premier, who has to consult the Opposition Leader.

Mr. Capes said: "There was no requirement to advertise the position; the Chief Justice was reappointed in accordance with the provisions of Bermuda's Constitution."

Mr. Scott questioned why Government agreed to the reappointment, when there were Bermudian judges well able to do the job. "I'm surprised that Government hasn't put up a greater resistance to the Chief Justice staying with us," he said.

"It's nothing personal. I know the current Chief Justice; we are amicable, we have a good relationship."

Asked why there might be resistance to appointing a Bermudian, Mr. Scott said any speculation could prove controversial. "I would think that it's all surrounded and grounded in politics rather than the qualification of the individual in holding the post.

"Therefore, it becomes a political consideration. I'm surprised that my colleagues at the Government haven't been more forceful in making the point."

The reappointment of Mr. Justice Ground comes soon after former Attorney General Phil Perinchief launched a lawsuit against Government for rejecting him for the post of Solicitor General early last year in favour of Barrie McKay, from the UK.

Mr. Perinchief's lawyers say the decision was unlawful because a qualified local must be preferred for a job over a non-Bermudian, even when the foreigner is more fit for the post.

In 2006, then Attorney General Larry Mussenden said he would research constitutional changes in Gibraltar that put a local commission in charge of appointing chief justices and judges. Sen. Wilson said yesterday she was not considering such a commission for Bermuda.

A 2008 report on British Overseas Territories by the Foreign Affairs Committee of the UK House of Commons called for better measures to prevent interference from the Governor or local government in judicial decisions.

The committee of cross-party MPs said the British Ministry of Justice should take charge of the terms and conditions of employment for chief justices. And it said renewable short-term contracts for chief justices could make those seeking contract renewal vulnerable to interference and should be replaced with longer, non-renewable ones.

The Foreign Office rejected the first recommendation but said it would consider further with the territories the idea of longer contracts.