The Tribunal has not met in three years, according to Association President Wayne Munroe, who placed blame on the government.
ﾓUnfortunately if the government does not appoint two civilians to the Tribunal we canﾴt sit,ﾔ he said.
The Disciplinary Tribunal consists of two Supreme Court judges appointed by the Chief Justice; two persons selected by the Attorney General from outside the legal profession; and seven attorneys.
Director of Public Prosecutions Bernard Turner was unable to say when the government will make its appointments.
Attorney General Alfred Sears is off the island. He is expected back next week
An Ethics Committee appointed by the Bar Association refers cases to the Tribunal.
ﾓOur committee is an investigatory committee,ﾔ said Chairperson Caryl Lashley.
ﾓWe have very few cases before us,ﾔ Ms. Lashley said. ﾓThe outcome is either dismissed, it might be sent forth or the matter is withdrawn. We deal only with breech of ethics cases. For example, an attorney withdrawing his services from a client without what the client considers to be good cause.ﾔ
Mr. Munroe told the Bahama Journal Monday, that there are between 15 to 20 cases waiting to be heard. They reportedly date back to the 1990ﾴs.
Some, he said, are more than just frivolous offenses.
ﾓBreech of ethics can run from anything trivial to something serious. The last matter someone was disbarred for was failing to account for clientﾴs monies,ﾔ Mr. Munroe said.
ﾓWe have allegations of outright defalcation of funds. The public calls that ﾑtiefing.ﾴ We have serious matters waiting to be heard.ﾔ
Last year, Mr. Munroe said he wrote a letter threatening the Attorney General with a judicial review to compel him to appoint the members.
ﾓThey then asked us [to] suggest two people,ﾔ he said.
But Mr. Munroe said the government found one of the persons to be unacceptable to sit on the Tribunal.
ﾓWe then suggested somebody else and they still havenﾴt appointed. The system is set up so that we can not have a hearing until the government appoints those people.ﾔ
Mr. Munroe continued: ﾓThe only thing we can do, which we are presently seeking advice on, is to seek mandamus which is a judicial review to get the Supreme Court to direct by a writ of mandamus, the Attorney General to make the appointments.ﾔ
The Bahamas Bar Association has suggested the government appoint Archdeacon James Palacious and Monsignor Alfred Culmer.
The two justices who previously sat on the Disciplinary Tribunal have retired. Justice Jon Isaacs and Justice Jeanne Thompson replaced them.
Mr. Munroe said the appointments are important for lawyers and the public.
ﾓIt is not fair to the lawyers for an allegation to be made which can be true or untrue,ﾔ he said. ﾓItﾴs in their best interest to get these matters resolved as quickly as possible. Itﾴs not in the publicﾴs interest for lawyers who shouldnﾴt be practicing to be practicing and itﾴs not in the best interest of the profession.ﾔ
Tosheena Blair, The Bahama Journal
