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Press release: AG hits out on ‘court crisis’

Senator Kathy Lynn Simmons, the Attorney General of Bermuda

The outgoing Chief Justice, and the Acting Registrar of the Supreme Court and Court of Appeal (presumably acting on behalf of the Registrar); issued a surprise joint press statement today. This demands clarification for the benefit of the public and all concerned.

Information obtained from the Department of Human Resources discloses that:

• There are a total of 66 positions comprising the Judicial Department,

• 79% (52 positions) are currently filled,

• 15% (8 of 52 positions) are filled by acting or temporary staffing,

• 21% (14 positions) are currently vacant without any relief support, and

• 95% (21 of the 22 vacant positions) are administrative staff or similar level support staff. The only other vacancy is the Assistant Registrar (AR) post, currently occupied by an Acting AR,

• 4 – Awaiting Requests from the Judiciary to fill.

The raw data on its face reveal’s a contradiction between it and the crisis depicted.

Upon assuming office I was apprised of vacancies within my Ministry generally and the Judiciary in particular, created in large part by the former Government’s Civil Service staff reduction policies. Measures have since been taken to address this issue. Indeed the data also reveals that a number of the vacated positions are in the process of being filled in accordance with Government’s hiring rules.

Other statements in the Press Release are also inaccurate or misleading. I have been working closely with the Courts to provide legislation to improve its operations. This includes the recently passed Evidence (Audio Visual Link) Act 2018 which was being sought for years before this Government took office.

Opportunity was also seized in the Press Release to advocate for the Judiciary to not be financially accountable to the Government in accordance with the current system of checks and balances. This development does not bode well for that objective. In fact it foreshadows an alternative reality allowing for brinkmanship to override prudence especially in such challenging situations.

Accordingly, I would like to assure the public that the priority warranted by the indispensable function of the Judiciary is valued by my Ministry. Necessary steps will continue to be taken to address the current situation with the usual multi-departmental collaboration.