Opposition Senator Gerald Ramdeen is calling upon Chief Justice Ivor Archie and members of the Judicial and Legal Services Commission (JLSC) to disclose the criteria used for the appointment of High Court judges.
Speaking at a press conference at the Hyatt Regency Hotel in Port-of-Spain yesterday, Ramdeen, an Opposition senator, said he decided to challenge the JLSC as he was reliably informed that it was about to announce the appointments of five new judges.
“As a member of the legal profession and a citizen of this country I will not stand and allow any JLSC to appoint people who upon an objective examination are not deserving to be judges of the Supreme Court,” Ramdeen said.
He claimed that of the five proposed candidates, two are sitting magistrates and another former Supreme Court Registrar. While Ramdeen raised individual issues with the candidates, he declined to name them.
“There is one civil practitioner who has little or no experience in civil law, who is a former Registrar of the Supreme Court. We have a duty to ensure that when these appointments are made they are done in a transparent and accountable manner,” Ramdeen said.
He also questioned whether the magistrates’ previous work as judicial officers was properly scrutinised by the JLSC before they decided on their appointments.
Ramdeen claimed that for the first time in its history, the JLSC required the 36 candidates who applied to write a written examination and undergo psychometric testing.
“Who sets the exam? Who marks it? Where is it in the Constitution that the JLSC has the power to set an exam?” Ramdeen asked.
He said the public should be concerned over the selection process because of the wide reaching powers afforded to judges.
“A Supreme Court Judge has the power to send you to be executed and to stop an execution. They are the persons who are vested with the power to decide whether you can be incarcerated or released. It is one of the most powerful positions that one can hold in a democracy,” he said.
Ramdeen also took issue with the process used for the selection of judges for promotion to the Court of Appeal. He referred specifically to the case of Justice Andre Des Vignes, who was elevated earlier this week.
“It can’t be seniority because Justice Des Vignes is junior to almost six sitting judges,” Ramdeen claimed it had a demoralising effect on the judges that were bypassed for promotion.
“There are many members of the Judiciary that are extremely upset about what is going on. Someone needs to speak on their behalf because they can not do so themselves. The persons deserving of judicial appointments are being bypassed and we must know why,” he said.
Ramdeen said he would be writing to Archie, who is currently overseas, requesting disclosure of the information and would consider filing a lawsuit seeking clarity on the JLSC’s powers if the request are not facilitated.
“The Judiciary is not a sacred cow who is unanswerable. What the JLSC does is subject to judicial review and if we do not get the answers we want it will be subject to judicial review,” Ramdeen said, as he noted that the Judiciary must be held accountable for the almost $400 million in annual funding from Government it receives.
Ramdeen also suggested the implementation a new system of selection of judges similar to the United States where judges are subjected to intense congressional hearings before being appointed.
