Complaints against judges await amendment to committee minutes – The Royal Gazette

Sir Christopher Clarke, President of the Court of Appeal and Chair of the Judicial and Legal Services Committee (photo courtesy of Brick Court Chambers)

Members of the public who have complained about Supreme Court judges have been put on hold after it was found that the judicial committee “does not have the power” to hear them.

The Judicial Services Committee was formed in November 2013 to advise the governor on judicial appointments and judicial complaints, but Decision of the Court of Appeal in January of this year found he couldn’t handle the latter properly.

Royal Gazette have since seen letters sent to the two complainants from the JLSC Secretary informing them of the problem with Protocol of court complaintswhich states how complaints are handled.

In July, campaigner Aaron Hill was told that an appeals court had found “certain provisions” of the protocol to be “unlawful or, at any rate, beyond the authority of the committee”.

The secretary wrote that Mr. Hill’s complaint against Puisna Judge Juan Wolfe would be delayed and added: “The minutes are in the process of being amended (a draft of the amendments will be sent to the governor soon) and your complaint addressed. will be restored after this amendment.”

Gayle Ann Ventures, which filed complaint accusing Chief Justice Larry Massenden of an appearance of bias, it said in March that the appeals court “held that, with respect to Supreme Court justices, the JLSC lacks the authority to make disciplinary decisions under the protocol or (a) summarily dismiss complaints as without merit or (b) to determine the validity of these complaints.”

The secretary added: “In the circumstances, the JLSC does not feel that it can proceed with a complaint such as yours at this time.

“The JLSC will have to think carefully about the extent to which it can play any role in relation to disciplinary complaints against Supreme Court judges.

“It follows from the decision of the Court of Appeal that this role can be, at most, advisory; and that the existing protocol will require significant changes or a complete rewrite. It’s not an easy process and it can take some time.”

In the civil court, Judge Massenden in April considered Ms. Ventures’ motion to recuse herself because of apparent bias in the case she had brought. he rejected him in August

By the decision of the Court of Appeal dated January involving the JLSC was in the civil case of LeYoni Junos and Gov.

Ms Junos said this week: “The JLSC Minutes … are unfit for publication in the circumstances and the JLSC should have announced this and removed it from all online sites.

“Instead, they continue to promote it, misleading the public.”

Mr Hill, of the Bermuda Equal Justice Initiative, said he understood the secretary’s letter to him to mean that the JLSC wanted or intended to dismiss his complaint, but knew that if it did, it would be illegal in light of the appeal decision.

“It appears that no action has been taken since the Junos decision to actually address the issues raised by the court,” he said.

A Government House spokeswoman said this week that as a result of the Junos decision, the record is being amended “to ensure it is consistent with the Constitution and reflects the broader findings in this decision.”

She added: “There are no plans to review the decisions made in accordance with the process set out in the original protocol.

“There are currently six complaints against chief or sitting judges or magistrates that will be dealt with once the revised protocol is approved.”

The JLSC was established by former Governor George Ferguson and is chaired by Sir Christopher Clarke, President of the Bermuda Court of Appeal.

A Government House spokeswoman said Sir Christopher, the governor and Justice Massenden were “equally committed to resolving the issues with a view to publishing an amended record” next month, which “reflects the findings in the Junos judgment and the comments of the judiciary”.

She said: “While this will be an effective mechanism for dealing with complaints against the judiciary, it will also serve to strengthen the judiciary and demonstrate its accountability to the public it serves.”

Sir Christopher referred to the “ongoing dispute over whether it is legal for the JLSC to use the (judicial complaints) protocol” in Bermuda Judiciary Annual Report 2023.

He added that the JLSC wants to become a statutory body, and he plans to discuss how best to do that with the governor and others.

The Protocol was drawn up by Sir Edward Zacca, former President of the Court of Appeal, and Ian Cavali, former Chief Justice, and came into force on 1 January 2014.

It contains a complaint form that must be sent to the governor within three months of the alleged conduct.

The protocol appeared to give the committee the power to dismiss complaints “without any full investigation” if it found them to be “unfounded,” and to investigate and rule on complaints deemed “substantial.”

Royal Gazettereported last week that the governor, Rena Lalgi, questioned the status of Judge Puisney Nicole Stoneham, head of the matrimonial jurisdiction.

In 2023, Judge Stoneham was ordered by the Court of Appeal to recuse herself from the family court case after allegations of bias and, according to sources, she has been suspended since July this year.

Ms Lalgi has not commented publicly on whether the judge is subject to judicial disciplinary proceedings.

Other members of the JLSC are Judge Musenden; President of the Bermuda Bar Association, Jerome Wilson; David Jenkins, former Chief Justice of the Court of Appeal of Prince Edward Island in Canada; Caribbean Court Judge Adrian Saunders; former Ombudsman Arlene Brock; and former independent senator James Jardine.

Members of the Committee on Legal Support

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