Lawyers’ disciplinary system needs to be transformed – Ramkarran
The Guyana Bar Association (GBA) needs to advocate for a transformation of the lawyers’ disciplinary body so as to restore the public’s confidence in the system, according to former Speaker of the National Assembly, Ralph Ramkarran.
Ramkarran said the Legal Practitioners Committee (LPC), the statutory body which hears complaints against lawyers, should have the power to impose sanctions against lawyers, since such a system would be a step towards eliminating
misconduct by lawyers and generating public confidence in the legal profession.
The LPC comprises 15 lawyers, 12 of whom are appointed by the Chancellor of the Judiciary and three from the Attorney General’s Chambers. The body is tasked with hearing complaints of misconduct against lawyers and would report its findings to Judges of the court. If a case is made against a lawyer, then the Judges would decide the next step forward.
Ramkarran noted that the LPC was very active in Guyana and dealt with the numerous complaints of misconduct against lawyers by members of the public. However, he added that the lack of misconduct trials by Judges for many decades was one of the sore points as it related to the lack of public confidence in the system of discipline of lawyers. He urged the newly-elected GBA executive to fight for the LPC to be vested with the power to impose sanctions against lawyers who are guilty of misconduct. This move will restore the public’s confidence in the system.
The GBA held its Annual General Meeting (AGM) on Thursday last and elected a new executive. Heading the Association is Ramkarran’s son, Kamal Ramkarran, with Senior Counsel Robin Stoby as First Vice President and Teni Housty as Second Vice President. Other elected office bearers, serving in executive positions for a period of one year as prescribed by the rules of the Association, include Secretary Pauline Chase, Assistant Secretary Faye Barker and Treasurer Devindra Kissoon. Committee Members include Rajendra Poonai, Sanjeev Datadin, Jamela Ali, Mark Waldron, Rexford Jackson, and Brenden Glasford.
The elder Ramkarran noted the dominance of youth on the Bar Council and hoped it set the stage for rejuvenation of the GBA. He added that the task of this Bar Council would be to mobilise young lawyers and reclaim the interest of senior lawyers in order to rebuild the dynamism of the GBA to deal with the enormous challenges faced by the legal profession, the administration of justice, and negative public perceptions.
The Senior Counsel added that the GBA needed to service the needs of its members and of the legal profession, protect the interests of the public who engage with the profession, support the judiciary, maintain vigilance over the constitutional rights and civil liberties of citizens, and defend those against State encroachment.
Providing a defence against State encroachment, he noted, is not a political task as is perceived, rather it is the civic duty and responsibility of lawyers as stipulated by their profession. Lawyers are required, by virtue of their calling, to defend the citizen against the State –- any State, led by any political party, or coalition of parties. The violation of civil or constitutional rights by the State does not always, or necessarily, have a political origin.