In a simulcast address to Anguilla and all the other jurisdictions of the Eastern Caribbean Supreme Court, Chief Justice, the Hon. Hugh A. Rawlins, issued a call for what he described as “the professionalization of the Bar.”

The leading jurist was at the time delivering, from Roseau, Dominica, a 22-page address opening Law Year 2009/2010.

Chief Justice Hon. Hugh A Rawlins

“In last year’s address, I voiced the wish that as members of this honourable and noble profession we must at all times be guided by honesty, integrity, efficiency and fairness in all our undertakings,” the Chief Justice stated. “It was, in effect, a call to professionalism and the observance of the highest ethical standards.

“They were sentiments born of the numerous complaints which are constantly received from members of the public entreating me that I should use my office to investigate, institute proceedings, prosecute, adjudicate and provide remedies for their alleged grievances. This is of course inimical to legal provisions, principles and due process. The complaints to me have multiplied and it is clear that many need to be advised as to how the system works.”

The Chief Justice reported that there were now Leal Profession Acts in St. Lucia and Antigua and Barbuda which mainly require complaints to be directed to the secretaries of the Bar Associations. The Court is in the process of finalizing the Disciplinary Proceedings Rules to support the Legal Professions Act of St. Lucia relating to disciplinary proceedings against legal practitioners. He noted that the rules might provide a guide for other jurisdictions.

“In other countries which do not have Legal Profession Acts, the various Supreme Court Acts provide for the Chief Justice to appoint a judge, in the case of Anguilla, or two (2) judges in other islands, to carry out investigations and to decide the matter,” he explained. “An appeal would lie from the judges’ decisions to the Court of Appeal of which the Chief Justice is President.

“In all instances, therefore, the matter must be instituted by filing original process in order to give jurisdiction to the Court and to the Chief Justice to act in accordance with statute and principle.”

Chief Justice Rawlins continued: “My ultimate charge this morning, as it relates to the professionalization of the Bar, seems to follow logically from the foregoing. It is a charge to the various Bar Associations to organize ongoing training programmes in Ethics, Accounting and Management of law offices and clients’ funds and affairs. Time honoured standards of protocol are slipping, as evidenced, for example, by letters addressed to my office touching matters that are the subject of appeals before the Court over which I preside.

“There are practitioners in our islands who consistently assist persons pro bono. It is always a pleasing experience, which is in keeping with the highest ideals of the profession. I urge everyone to consider lending a little time and resources to provide legal assistance in appropriate cases. As Sir Brian Alleyne, QC, KCN, reminded us in his address at the OECS Dinner last Friday, this should always be a watchword and mission in any area of the profession.”

The Chief Justice’s address covered various other subject matters relating to the performance of the Court. On Court Administration, he stated that the past year had been challenging, particularly given the global economic crisis. Notwithstanding the best endeavours of member states of the OECS, it was necessary to embark on an austerity programme and curtail some of the Court’s activities, particularly in the area of judicial education. He was grateful that funds amounting to 850,000 Canadian dollars, provided during the last Law by the Canadian International Development Agency, facilitated a number of reform activities of the Court in a timely manner.

On the Court Structures Project, he explained that it was intended to provide four specialized divisions of the Court with a view to improving efficiency and meeting present and projected needs. These are the Civil, Criminal, Commercial and Family Divisions. It is anticipated that the revised rules, practice directions, guides and protocols for the Family Division will be circulated to legal practitioners within the jurisdiction for suggestions by December 2009.

The Criminal Division is aimed at facilitating the continuous and speedy hearing of criminal cases by forgoing preliminary inquiries and replacing them with sufficiency hearings. Case management and mediation in these cases will be introduced at an early stage, setting down cases for speedy trials. The aim is to ease the backlog of cases and lengthy remand problems thus preventing delays.

A pilot project is underway in St. Lucia with much success. “We are satisfied that the Division can now be introduced in other Member States and Territories, resources permitting, during the course of this Law Year,” the Chief Justice announced. He added that Grenada had already embarked upon continuous sittings of the Criminal Court without the introduction of the Division.

On the question of the Commercial Division, he informed his listeners that it was intended to specialize in and bring a new and dynamic dimension to cross-border litigation. The Division was officially opened in May 2009 in the British Virgin Islands.

Finally, the objective of a specialized Family Division is to establish an efficient family court system to provide all of the services which the Court can afford in one location in each Member State. A small committee under the direction of Appeal Judge Ola Mae Edwards is providing the leadership for the institution for this division of the Court.

Among other projects Mr. Rawlins mentioned was the Halls of Justice Project. The aim is to construct modern and suitably-equipped court facilities in all the Member States and Territories of the Court. This is said to be a major undertaking which has already made significant headway. The Court has already secured a technical assistance grant of US$900,000 from the Caribbean Development Bank to conduct a feasibility study for the project. The study should be completed by September 2010. Local committees have been instituted to assist with the coordination of the project in each Member State and Territory.

Another project is the Integration of the Magistracy, a work in progress for over a decade. The Chief Justice explained that the long period was not due to procrastination, but to the complexity of the undertaking, given the constitutional, legislative, administrative and other logistical huddles to final implementation.

“It is my view that the integration of the Magistracy cannot be a mere exercise in window dressing, convenience and public relations,” Chief Justice Rawlins concluded. “We must do what is necessary to put in place a system that is viable and successful in the continuity of its implementation.”

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