Last month, Attorney General Dale Marshall made the startling revelation that his office is preparing for an increase in constitutional claims against the government due to chronic court delays. In short, these lawsuits invoke the constitutional right to a fair trial—denied by a justice system in gridlock.

For decades, the backlog in Barbados’ courts has been an open secret. But the consequences are now impossible to ignore.

In a great irony, former Cabinet Minister and criminal attorney Michael Lashley recently acknowledged court delays are a serious issue—after serving in the Cabinet of the previous government. Last year, Justice Lauri-Ann Smith Bovell aired her frustration in court, saying: “For the last three weeks, I have not been able to do a trial because of attorneys. I come here prepared to work, so when you fix a trial as best as possible you are supposed to come ready.”

Then came the ruling by High Court Judge Patrick Wells—ordering the government to pay BDS $300,000 in damages to a man who lived under a murder charge for ten years without trial.

These are not isolated cases. The blogmaster could cite many more.

And while the government has found time to fast track tint legislation, essential reforms—like integrity laws and breathalyser testing—remain untouched. Year after year, presidents of the Bar Association have expressed concern over the out dated Legal Profession Act, however, words are no substitute for WILL.

It seems lawyers have grown too comfortable with dysfunction. Judges regularly cite absentee lawyers and poor scheduling as causes of delay. Yet most of the blame is directed at the Attorney General and the Chief Justice.

But what about the legal community itself?

Practising attorneys are officers of the court. They are not bystanders. The passive commentary from legal bodies and individual lawyers has done little to disrupt this inertia. Delays of this magintude are not just inefficient, they are unethical.

Just as attorneys once withdrew services over environmental concerns at the Judicial Building in Whitepark, the time has come for the legal profession to show similar urgency and action again.

The Attorney General and Chief Justice are not absolved—but neither are the lawyers who tolerate, enable, or quietly benefit from the system’s failure. Until the legal community takes bolder action, the court crisis will not resolve. And Barbados will continue to fail those who seek fairness under the law.