Chancellor calls on lawyers to collectively advance rule of law
…says much expected, required of legal practitioners
Chancellor of the Judiciary (ag), Justice Yonette Cummings-Edwards, has urged attorneys-at-law to continue speaking up for the rule of law. She has reminded them that they have a legal duty to the public to so do.
She made those remarks to scores of lawyers who gathered at the Victoria Law Courts in Georgetown for the ceremonial opening of the Demerara Criminal Assizes for April 2022 and the inaugural Law Week 2022 post-ceremonial programme.
The Head of the Judiciary declared that, even though the rule of law might have come under siege and been threatened sometimes, and criticised, the rule of law is very much alive and well in Guyana, being an integral part of the country’s jurisprudence, citizens’ lives, and the nation’s development.
She therefore charged lawyers to collectively promote and advance the rule of law. In so doing, she reminded them of their obligations under the Legal Practitioners Act, which among other things establishes the criteria for the admission of persons to practise as lawyers in Guyana, regulates their functions, provides for their professional discipline, and stipulates how they must conduct themselves.
Legal obligation
The Chancellor specifically pointed to the heading “rule of law”, which is contained under the Code of Conduct for Lawyers in the Act, remarking that this is why the Bar Association of Guyana is so passionate about promoting the rule of law.
The Chancellor explained that the Code of Conduct stipulates that lawyers must subscribe to the rule of law, which they shall use as an unalterable and fundamental guide in the conduct of their professional affairs; shall encourage public respect for; and strive to improve the administration of justice.
She admonished that they must not subvert the law by counselling or assisting in any activities which are in defiance of it, or doing anything to diminish the respect for the rule of law and the confidence of the public in the legal system, of which they are a part. Rather, they must refrain from making irresponsible allegations of corruption or partiality, which may tend to weaken or destroy public confidence in legal institutions; and they shall obey and show respect for the law.
She went on to further remind lawyers that they have quite an important role to play, one which is seen through their conduct and etiquette at the Bar. “The fact that what you [lawyers] are called upon to do: importantly service, and, more importantly, the fact that you have an important part to play in the administration of justice…,” she said.
Encouraging attorneys-at-law to take their roles seriously, she described it as “an important role to perform in serving the needs of the people and upholding the rule of law.”
Much expected, required
Justice Cummings-Edwards told the members of the Bar Council and attorneys-at-law that much is expected and required of them. She recalled that the author Marvel Webber, in documenting the origins and history of Bar Associations, spoke about the earliest association of the Bar in relation to the United States (US).
Webber, she added, pointed out that the earliest association of lawyers was an association that existed in New York from 1744 to 1770. She said the writer explained that “patriotic impulses” led to it organising at the time to resist the encroachment of the British Crown in the exercise of the King’s Prerogative.
Highlighting that the roles of Bar Associations are expanding, Justice Cummings-Edwards referred to the recent events of the American Bar Association in providing an evaluation of the integrity of Judge Katanji Brown-Jackson, who has been nominated to sit on the US Supreme Court.
Despite the ravages of the pandemic and the new normal, she advised members of the legal profession that they have to recalibrate, be re-energized, be revitalised, and be committed to upholding the rule of law. “Let the rule of law be maintained, and let the rule of law be upheld even in a pandemic. Even though the heavens may fall, even though it may appear that the entire world may be grinding to a halt, the rule of law must not be compromised; it must not fail”, said the Chancellor in closing.
Founded in 1980, the Bar Association of Guyana is a voluntary, unregistered body comprising of attorneys-at-law duly admitted to practise law in Guyana. It is recognised as the body for representing lawyers in the country.
Besides upholding the rule of law, its objectives include dealing with all matters affecting the legal profession, and taking such action thereon as may be deemed expedient to promote, preserve, regulate and protect its interests; to act as a representative of the Bar, and to answer questions and lay down rules regarding the etiquette and practise of the legal profession; and, from time to time, to provide its members with such assistance and protection as may be desirable.
The Association is governed by a 12-member Bar Council that is elected annually. This Council comprises of a president, two vice-presidents, secretary, assistant secretary, and treasurer, being the Executive and six Council Members. Its current President is Pauline Chase, who was elected to the post in May 2021. (G1)