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News
T K WHYTE, Observer correspondent editorial@jamaicaobserver.com  
November 12, 2007

Smith wants system of appointing JPs revamped

NATIONAL Security Minister Derrick Smith has called for a revamping of the current system of appointing Justices of the Peace (JPs), which he says lacks transparency, and has instead suggested a committee of JPs and other influential persons, chaired by the Custos, to review the applications.

He also proposed that recommendations for appointments be sent directly to the minister of justice to be forwarded to the governor general, after the committee completes its work.

“I am concerned about the current process of selection because the current system has led to individuals being appointed JPs who are not worthy of the appointment. Some of them accept money for signing documents. Some of them are undesirables themselves, and undesirables go to them to sign illegal documents to get driver’s licences, for example.

Deportees find them to sign documents to change their identities. JPs sign documents such as passport forms to give deportees a new identity,” Smith said.

Smith was addressing the 21st annual general meeting of the Lay Magistrates’ Association of Jamaica (LMAJ) which was held recently at Stephanie Hall, Kingston.

He supported the justice reform proposal that instead of the police carrying out discreet investigations on individuals applying to become JPs, police records should be requested to determine if the person recommended has a criminal record.

He proposed that a group of very influential individuals within a community and persons of integrity within a parish including current JPs, headed by the custos, should meet periodically to look at applications from individuals wanting to become JPs.

He said that on completion of the process, and after they are satisfied that the police record has been checked and investigations completed, the recommendations be sent directly to the minister of justice who would pass on the recommendations to the governor general for appointment.

Complaining that the process of sending the recommendations to the custos then to the minister was too slow, Smith charged that “Something is radically wrong with the system of recommending via the custos.”

“I think this process is a lot faster and more efficient and I think it would get better support at the ground level, because you (LMAJ) are a body of respectable persons with integrity, who would satisfy yourselves that the person coming to the fore is someone worthy of being appointed a justice of the peace,” he added.

Smith also complained that some JPs were not treating poor people courteously, noting that such individuals were subject to intimidation.

Their attitude toward the poor, he said, was “rotten, as they run the people from them” and called for a code of ethics to guide their behaviour.

There must be a code of ethics as to their behaviour, not only in the ‘bandooluism’ and the racket they dish out, but in terms of their attitude to those who are marginalised and poor and who are intimidated by the high office of justice of the peace,” Smith said.

Meanwhile, outgoing LMAJ president, Carlton Stephens, said a code of ethics was implemented in November last year and should be strictly obeyed. He advised the over 5,000 JPs islandwide to make it their obligation to secure a copy.

Stephens also challenged his colleagues to act fairly in the discharge of their functions, saying they should be seen as disciplinarians.

Former Member of Parliament, Calvin Lyn, was elected president for the 2007/08 year. His executive includes Ron Hall, vice-president; Hugh Perry, treasurer; Andrew Kidd, assistant treasurer; Kathryn Thompson, secretary; and Ethlyn Williams, assistant secretary.

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