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UK-style authority will hear complaints about Island judges

Justice Minister Kim Wilson speaking on new initiatives following the Throne Speech on November 2.

Bermuda’s judges will have to face the music if they abuse their positions under plans being proposed by Goverment.A proposed Judicial Complaints Authourity will be modelled against the UK’s body and will not operate retroactively, Justice Minister Kim Wilson said.And complaints would likely have to be filed within 12 months of the incident being complained of.At a post Throne Speech press conference, Ms Wilson said that reforms of the judicial system will enhance its integrity and provide a mechanism to address abuses.“The Authority will be charged with addressing complaints about the personal conduct of judges and other types of judicial office holder. Possible misconduct may include the use of insulting, sexist or racist language in court, or inappropriate behaviour outside the court such as a judge using their judicial title for personal advantage or to obtain preferential treatment,” she told the media.Government also plans to establish two new administrative bodies for the judiciary.An independent Department of Court Administration will be created to establish its own human resource policies bringing Bermuda in line with “most modern developed democracies”.“Such a Department would have appropriate control over its own budget allocation and be able to establish 'fit for purpose' human resources policies for its staff as courts in most modern developed democracies are able to do.“For example, at present administrative staff who have access to highly sensitive information are apparently subject to the same vetting procedures as staff hired in far less sensitive areas of the Public Service.”The second administrative body, the Judicial Service Committee will “advise the Governor on Judicial appointments, terms and conditions of service and disciplinary matters as an informal alternative to a constitutional Judicial Service Commission”.Ms Wilson said the three bodies were somewhat interrelated.The Governor has ultimate responsibility for the judiciary. But Ms Wilson said that she did not expect the Governor to have any objections to the proposals.“Under the Constitution, the Governor is the one that is in charge of the appointments of the judiciary. However I do not see any objections from him. The Judicial Complaints Authourity is established in a number of jurisdictions.”She said that Government had the reforms in its sights when she was reappointed the Minister of Justice in January.But she praised individuals who presented her with information which supported the Government’s position.The conduct of Bermuda judges hit the headlines recently when it emerged that, contrary to established practice here and in the UK, the Court of Appeal was refusing to release transcripts or audio recordings of hearings on the order of its President Edmund Zacca.Justice Zacca had been caught on a court recording making disparaging comments about litigant LeYoni Junos her during her Court of Appeal hearing, referring to her as a “crazy lady” and a “stupid woman”.Ms Junos was later told she had been given the recording in error and was not entitled to recordings of her further hearings.Another litigant, Robert Moulder, started an online petition urging the Court of Appeal to release recordings of its hearings.Mr Moulder wrote on the petition website: “A previously released recording captured Justice Zacca referring to a litigant as a ‘crazy lady’ and a ‘stupid woman’. Is that the real reason for this ban Justice Zacca? Bermuda is a British Overseas Territory. In UK courts it is standard for recordings to be provided. How can Bermuda fall so far short?”