The changes to the Judicature (Supreme Court) Act is based on the best practice recommendations of the strategic framework document, which emerged out of the Canadian-funded Justice for Undertaking Transformation Programme (JUST).

The ammendment Bill is aimed at establishing a Court Administration Division to replace the present Court Management services (CMS), which was set up in 2010. Additionally, the positions of director of court administration, and executive legal officer to the chief justice are to be created. An advisory board is also to be set up as part of that governance framework.

The Bill to amend and rename the Judicature (Resident Magistrates) Act is tied to the Judicature (Supreme Court) Bill as a result of the renaming of resident magistrates (RM) as “judges of the Parish Court”, and the creation of the executive legal officer post.

When the laws are enacted, RMs are to be known as “judges of the parish courts”, and RM courts are to be called Parish Courts. Also chief judges of parish courts will be appointed to provide overall administrative supervision of those courts.

Furthermore, parish court judges will no longer have to reside in the parish where they are assigned, and the mandate of the independent commission of the judiciary is to be widened to allow it to review the remuneration packages of these judges.

Justice Minister Senator Mark Golding, who had praises heaped on him by Opposition senators for his efforts to reform the justice system, said from the outset it was apparent that the administrative arrangement with the CMS would be an interim measure, as it lacked legislative teeth.

“It involved a fair degree of uncertainty as to the parameters within which the new entity was expected to operate, especially given the absence of a strategic framework designed to establish the lines of accountability and responsibility and the scope of its authority,” he said. Senator Golding said the absence of a proper governance structure had led to many managerial responsibilities in the court system remaining “unclear and ill-defined” that must be rectified.

The director of court administration of the Court Administration Division will be responsible for the daily supervision of the work and staff of the division and liable for its accounting operations. The director will also be required to provide the chief justice with information related to his/her performance and the division’s.

The advisory board, which is to be chaired by the chief justice, will be made up of a judge of the Court of Appeal; a judge of the Supreme Court; and a Parish Court judge, all to be selected by judges of those courts; the permanent secretary in the ministry of justice; and two representatives of the Bar Association.

The Bill further states that the board is to include “a person selected by the justice minister after consultation with the chairman of the Legal Aid Council as being representative of court users (and not being a person employed within the court system”.

There are also to be four ex-officio members inclusive of the director of the division who will not be able to vote.