Dear Mr Gibson,
Now that it is confirmed that you are to be the new Chief Justice of Barbados, the BU family has some questions to put to you. These questions are not political in nature, but solely about the judicial system which you are to head.
- At present, when counsel wishes to commence proceedings or serve documents such as statements of defense, affidavits etc., it is required that they have these documents sworn at the Registry, obtain certified copies and then serve these by personal service on the other parties, either personally or on their counsel. Do you anticipate streamlining this by, perhaps, allowing such documents to be sworn before any attorney-at-law licensed to practice in Barbados, filing copies with the Court/Registry and then effecting service on the other parties by mail or fax, using an affidavit of service sworn by the person who posted the documents/sent the fax, as back-up?
- At present, small claims matters are cumbersome. Do you anticipate introducing an internet system by which these matters can be filed and argued and, only where necessary, involve appearances? In other words, simplify the process of small claims so that litigants in these will not be disadvantaged if they choose to represent themselves, rather than incurring the (sometimes greater than the claim) expense of being represented by counsel?
- It is clear that the case management system does not work. What changes do you anticipate introducing in case management?
- There is a considerable back-log of cases before the courts (both civil and criminal). How do you propose to get rid of this back-log in general terms?
- There are many cases that have remained part-heard for years. The usual excuse is that the judge has been assigned to assizes or has too heavy a case load. What measures do you propose to introduce to solve this problem?
Related Link:
A Dispassionate Clarification On The Appointment Of Chief Justice Designate Marston Gibson
- Some judges exceed the timeline of 6 months within which to render judgment, sometimes by as long as three years and more. Is this a matter that you propose to address aggressively and what measures do you propose to take? What measures will be put in place to deal with habitually recalcitrant judges?
- Alternative Dispute Resolution (ADR) is not used much in Barbados at present. How do you propose to bring ADR to the attention of litigants as a viable alternative to a full court procedure? Will there be a system of appointment or licensing by the courts for arbitrators? Will the decisions by these arbitrators be inspected by the courts from time to time to ensure that they meet the standards of justice that the public has the right to expect?
- There have been many justifiable complaints against certain counsel by their clients. In some cases, these complaints have been upheld. Yet, the counsel concerned have continued their practice as if nothing has happened. What measures do you propose to introduce to deal with the professional standards of counsel and to impel the Barbados Bar Association to take more aggressive action?
We hope that you will find it possible to respond to some of these questions at least. Your appointment has raised the expectations of many people in Barbados that a moribund justice system will be resuscitated under your leadership. However, we do understand that these are early days and you may require time to settle into the job. Nonetheless, we would be grateful for any assurances and reassurances you can give us that we will once again enjoy an effective judicial system.
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