In an effort to fill the vacancies, the Judicial Service Commission (JSC) has appointed nine acting Magistrates to help ease the burden and clear the backlog of cases within the magistracy.
Among these new appointees are State Counsels in the Director of Public Prosecutions (DPP) Chamber — Tuanna Hardy, Teriq Mohammed, and Abigail Gibbs.
The other six appointees are: Attorneys-at-Law Tamieka Clarke, Orinthia Schmidt, Shivani Lalaram, Michelle Matthias, Omadatt Chandan, and Ravindra Mohabir.
Guyana Times understands that the new Magistrates will be sworn-in this week.
Only recently, Attorney General and Legal Affairs Minister Anil Nandlall, SC, had disclosed that efforts were underway to have several Magistrates and Judges appointed to fill vacancies within the magistracy and Judiciary.
Increase capacity
During his presentation in the 2024 Budget debate just over a week ago, Nandlall disclosed that at least 10 Magistrates would be appointed this year, bringing the total number of Magistrates to 29. Additionally, the Legal Affairs Minister had also announced that new posts have been created within the magistracy to accommodate for the large intake of cases. One of these new posts that were created is that of Deputy Chief Magistrate.
He had also mentioned the appointments of six Justices of Appeal and nine Puisne Judges in the High Court, along with two Commissioners of Title.
According to AG Nandlall, the reconstitution of the Judicial Service Commission in July 2023 paved the way for these critical judicial appointments to be made.
The new JSC was appointed by President Dr Irfaan Ali on July 14, 2023. The Commission members are Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards; Chief Justice (ag), Roxane George; Chairman of the Public Service Commission (PSC), Manniram Prashad; Retired Justice Carl Singh and Retired Justice Beasraj Singh (BS) Roy. The Chancellor sits as Chairman of the Commission.
The JSC is a constitutional body responsible for handling matters related to the appointment, discipline, removal, and promotion of judicial officers, including Judges and Magistrates.
Following its appointment, the Commission late last year published vacancies to fill the personnel gaps within the Judiciary and magistracy.
Vacant positions
Only last month, Justice Cummings-Edwards disclosed that the JSC had begun the interviews for these vacant positions.
“We are pleased to say that, after advertisements, the next step has been interviews. Interviews have been conducted. Interviews are for the position of Magistrates. Interviews are going on again this month, and you will soon see appointments to various positions,” the acting Chancellor said while commenting on the recruitment process.
For the Supreme Court of Judicature, which consists of the High Courts in each of the three counties and the Court of Appeal, the JSC is looking to appoint Puisne Judges, Commissioners of Title (Land Court Judges), and a Deputy Registrar for the High Court in Berbice.
The Commission is also looking to appoint Magistrates for the various magisterial districts.
The JSC was appointed last year after a six-year hiatus, and the acting Chancellor said the Judiciary was “deeply grateful” to President Ali for reconvening this very important Commission to help the court in the discharge of its functions.
Since the reformation of the JSC, Justice Cummings-Edwards said, its members have been tackling the backlog in cases and staff matters.
“It is obvious that after an absence of the Commission, there would have been lots of outstanding work. The members have been working assiduously to build the secretariat and to create positions for the better functioning of the Judiciary,” she explained.
A Puisne Judge shall hold office until he/she attains 65 years, and the basic salary for this position is $1,425,065 monthly, along with allowances. A Land Court Judge holds office until he/she reaches 55, and is paid $1,167,923 monthly, together with allowances.
A Magistrate shall hold office until he/she attains the age of 55. Salary and benefits include a total basic salary of $880,885 per month plus allowances. The Deputy Registrar will remain in office until the age of 55. The position’s total base pay is $754,284 a month and also includes allowances.
Persons appointed will be required to serve a probationary period of at least six months. On satisfactory completion of the period of probation, the appointees would be confirmed.
Reports state that an additional advertisement will be made for Appeal Court Judges, of which there are now just three in office, despite the law providing for nine.
Given the small number of judicial officers and the growing workload, there had been rising calls for the JSC to be established before its official appointment.
This Commission is responsible for advising the President on the appointment of Judges, except the Chancellor and the Chief Justice. The JSC’s powers also include the power to remove and to exercise disciplinary control over persons holding or acting in the following offices: Commissioner of Title, Magistrate, Director of Public Prosecutions, Deputy Director of Public Prosecutions, Registrar of the High Court, Deputy Registrar of the High Court, Registrar of Deeds and Deputy Registrar of Deeds, and to such offices connected with the courts or for appointment to which legal qualifications are required as may be prescribed by Parliament.
