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Universal support for new Court of Appeal president
Governor General Sir Patrick Allen presents newly appointed president of the Court of Appeal Justice Marva McDonald Bishop with the Instrument of Appointment at the swearing-in ceremony held at King's House on Thursday. (Photos: JIS)
News
BY ALICIA DUNKLEY-WILLIS Senior staff reporter dunkleywillisa@jamaicaobserver.com  
July 19, 2024

Universal support for new Court of Appeal president

JUSTICE Minister Delroy Chuck, in expressing confidence in the new president of the Appeal Court Justice Marva McDonald Bishop on Thursday, said “there was universal support” for her appointment and “no detractors” at all levels when he canvassed for suggestions as to who should take over the reins when the former office holder Justice Patrick Brooks retired.

McDonald-Bishop, who has the distinction of being the first female to be appointed president, succeeds Justice Brooks, who on Wednesday proceeded on retirement, capping some 45 years in the legal profession spanning practise at both the private and public bar.

On Thursday, the justice minister, speaking after McDonald-Bishop was sworn in and conferred with the Order of Jamaica and vested with the insignia by Governor General Patrick Allen, said the fact that no one demurred her appointment “shows the high regard that you have amongst the legal profession and the judiciary”.

“I know with that support, it will allow you to continue the production and efficiency of the Court of Appeal. I have no doubt you will continue the efficiency and production at that level,” the justice minister stated.

Prime Minister Andrew Holness, in his remarks, said McDonald-Bishop’s ascension to office “marks a historic moment” for the judiciary as the first woman to hold the prestigious position.

Holness said her ascension is “a testament to her exceptional legal acumen, dedication and the respect the commands within the legal community”, adding that her journey from a prosecutor in the Office of the Director of Public Prosecutions to her appointment to the Supreme Court bench and subsequently to the Appeal Court in 2014 are among the highlights of her career. She was appointed judge of appeal in 2015.

Opposition Leader Mark Golding, at the same time, said McDonald-Bishop’s, “reputation for erudition as exemplified” in her judgments which he has read, “indicates the appropriateness of this appointment”.

“You have ascended to this apex position in the local court system at a time when Jamaica has gone through over a decade of intense reform of our justice system seeking to transform it into one of the highest standards of efficiency and overall administrative and judicial excellence. It is a work in progress and I am confident that under your leadership that progress will continue so that the erudition and quality of your judicial adjudication will be matched by the continued efforts to improve the efficiency of the system so that it serves the economy and the people of Jamaica as well as it possibly can,” he said.

Chief Justice Bryan Sykes, in hailing McDonald-Bishop, said while women have acted before as presidents of the Appeal Court, to “have a woman appointed to the presidency of the Court [is a] very significant development here in Jamaica”.

Said Sykes: “The circumstances of her appointment ought to be noted and that is that regardless of the section process, what we can be assured of is that the Honourable Mrs Justice McDonald-Bishop is here on merit. She is what we would say, performance qualified to do the job and that has been demonstrated through her long career which began in 1986,” he said of the St Mary native.

He noted that McDonald-Bishop was catapulted to the Supreme Court benches after the many appeals initiated by an attorney who took umbrage at her decisions. The quality of her judgments when seen by the Appeal Court judges led to a recommendation to the then chief justice that she be placed on the Supreme Court benches in short order.

“The quality of her work spoke for itself; she excelled in the Supreme Court and then went across to the Appeal Court…she is sought after by other judiciaries in the region; her work and worth is known not only in Jamaica but across the wider Caribbean. I pledge my unwavering support to her, I will do all within my power to ensure that her presidency is a successful one,” the head of the judiciary said.

Justice Patrick Brooks, in his presentation, said McDonald-Bishop’s “proven ability, her interest in the court and her desire for it to do well are indicators that there is no one better qualified to be appointed as president of the court”.

McDonald-Bishop thanked the prime minister and leader of the Opposition for reposing “blind faith” in her capacity since she did not know them personally.

Said McDonald-Bishop: “You can rest assured that you have gotten it right, you have gotten it right because I’ve been mentored, molded and prepared through the love, support and prayers of so many for such a time as this.”

She, in the meantime, paid homage to Chief Justice Bryan Sykes, former Director of Public Prosecutions Kent Pantry, retired Justice Lloyd Hibbert, incumbent Director of Public Prosecutions Paula Llewellyn, King’s Counsel, attorney Hugh Wildman and a host of others.

In honouring her family which she said “has made me everything I am and more”, McDonald-Bishop paid tribute to her husband attorney Keith Bishop stating, “he is not a perfect man, not at all, nobody is, but I can tell you, he is the most perfect man I could have chosen. Despite all the gallivanting you see out there, that I know about, he never leaves me. May I just say, he treats me like a queen. He was my best friend at Cave Hill [Law School], he remains my best friend to date, president of my fan club, he cites all my judgments,” she said dryly evoking more laughter.

In declaring that a key plank of her approach will be collaboration she said “building strong relationships with other branches of government and the legal community” will be crucial.

“So as I leave here today, I intend to collaborate with the executive so that the judiciary, the third arm of government, can take its rightful place in the governance of this country. We are a part of government. When I leave here today I must continue my labour for justice, for the benefit of all Jamaicans, even those who we may believe are guilty but the constitution must prevail at all times. I do it for the benefit of our country ‘Jamaica, land, we love’,” she stated.

McDonald-Bishop is a fellow of the Commonwealth Judicial Education Institute and also one of the focal points for the implementation of the Global Judicial Integrity Network’s Judicial Ethics Training Tools in Jamaica.

She has been an attorney-at-law in Jamaica since 1996 and has served as Crown counsel in the Office of the Director of Public Prosecutions.

She holds a number of teaching positions and in 2017 was conferred with the Order of Distinction (Commander Class) by the Government of Jamaica for outstanding service to the judiciary and the legal profession.

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