Addressing claims of some local judges being ﾓrude and discourteousﾒ to lawyers, Mr. Munroe said recently that at times, such attitudes are used merely as a tactic to test an attorneyﾴs sincerity in an argument.
ﾠﾓThe reality is that it is not an ego thing,ﾒ he explained.
ﾓLawyers ought not to appear before the courts concerned with ego. ﾠThe system is very simply set out. The judge is in charge of his court and the lawyer is there seeking to persuade him. And so, there is no point getting in an argument with the person you are intending to persuade.
ﾓItﾴs like any other human relationshipﾅ. Personally, the only thing I think a judge is required to do is be fair. They sit and listen to you, but they donﾴt have to sit and listen to you talk any old thing.ﾒ
Mr. Munroeﾴs comments follow those expressed by prominent attorney, Philip ﾓBraveﾒ Davis during his contribution to the budget debate last Friday.
At the time, the Cat Island, San Salvador and Rum Cay Member of Parliament stressed the need for some ﾓsemblance of peace between the Bench and the Barﾒ following what he said were ongoing complaints about the abuse and insults meted out at the hands of some judges.
Mr. Davis, who has been a practicing member of the Bahamas Bar for the past 30 years, said the countryﾴs jurisprudence is the poorer today because of its resistance to criticism.
ﾓConstructive criticism is always good as it permits us to take the necessary steps to make improvements for the betterment of the system,ﾒ he said.
ﾓBut it is my view that the judiciary has been resistant to criticism and as a result there has been an erosion of the cordiality, respect and professionalism, which should exist between the Bench and the Bar. ﾓ
Mr. Davis cited the example of several cases in which ﾓlawyers fell into tears following much embarrassment all dealt out in front of their clients.ﾒ
He said the complaints continue.
ﾓThis, in my view is not good at all for our system of jurisprudence. And the problem as I see it is that this type of behaviour on the part of judges will slowly erode the confidence of the public in the legal system and towards those of us who are practicing members of the profession.ﾒ
Mr. Davis added that the attitudes of many judges toward members of the Bar do not just remain within the confines of the courtroom, but eventually trickle into the wider community.
ﾓThis type of behavior is demeaning to all concerned,ﾒ he said. ﾓThe justice system rests on public confidence and once this is gone, then chaos followsﾅWithout mutual respect between the Bench and Bar we will continue to ebb into the blue hole of despair.ﾒ
Former Attorney General, Tennyson Wells also said last week he has heard similar complaints. ﾠ
ﾓEvery member of the Bar in the House (of Assembly) ﾖ excluding the former and present prime ministers ﾖ have talked to me about the way they have been treated before the Supreme Court, and in some cases, the Court of Appeal,ﾒ Mr. Wells said.
ﾓAnd many members of the profession have said that they are dissatisfied with the way cases have been handled and the way some judges speak to them, trying to embarrass them in front of their clients and the publicﾅ.If a judge doesnﾴt give respect to a lawyer, in time, that lawyer will not give respect to the judge. And I believe that is the point we have now reached.ﾒ
According to Mr. Wells, the Bar Association has reportedly resorted to calling on the Governor General to deal with ﾓunfitﾒ persons or matters of misbehaviour.ﾒ
ﾓWhen it reaches this stage, its not good for the system,ﾒ he recently told the Bahama Journal. ﾓToo many people are now questioning whether they are actually getting justice before the courtsﾅFurthermore, I think Mr. Munroe should be careful with his statements because a lot of questionable things have happened before the courts and maybe some independent person should do an audit.ﾒ
But according to Mr. Munroe, people can generally make problems out of any particular issue.
ﾓThe thing that must be remembered is that weﾴre not in grade school, neither kindergarten,ﾒ the Bar Association President recently pointed out to the Bahama Journal.
ﾓThis isnﾴt a church field trip, but the administration of justice and we have rules, which we were taught when we were called to the Bar. Once you rely on those, you shouldnﾴt have a problemﾅWe donﾴt discipline judges, but lawyers. And if someone feels that they have been treated in a way that they havenﾴt been able to advance their case, there is a legal remedy.ﾒ
Attorney General Alfred Sears has also indicated that the issues will be ﾓlooked intoﾒ by the relevant authorities.
ﾓWe have to ensure that the rule of law and those institutions that are essential to this ﾖ that we achieve the optimal respect, another core value,ﾒ he said.
Macushla N. Pinder, The Bahama Journal
