APPEAL Court President Justice Marva McDonald-Bishop has described as “troubling”, and at the same time inspiring, what she says is the “modern trend” of women dominating the benches of the judiciary.

She was speaking at the official swearing-in ceremony for 10 female members of the judiciary to higher posts in the island’s Court of Appeal and Supreme Court — five permanent and five in an acting capacities — at King’s House in St Andrew on Monday.

“It is both an honour and a responsibility to address you today on this occasion dedicated to the appointment of 10 members of the judiciary, notably, an all-female group. This is in keeping with the modern trend which I find troubling, despite the fact that I am a female. The chief justice whispered to me that we will soon have to take affirmative action on behalf of the men, but that’s a matter for another day,” McDonald-Bishop, the first female head of the Appeal Court, told the gathering.

“You may read my article on the United Nations website where I asked ‘Whither the men?’ It gives you an insight into the gender imbalance in the Jamaican judiciary that we as women are inspired by, but we still need to see the men,” she said further.

The Appeal Court president, in that article published in recognition of the International Day for Women Judges in March this year, pointed to the latest statistical data of gender representation in the judiciary of Jamaica (2022) which revealed that at the time there were 95 female and 30 male judges in the judiciary — a staggering imbalance favouring females — although male judges occupied the top positions at each level at the time.

Said McDonald-Bishop in the article, “Even as we celebrate the extraordinary accomplishments of our women judges, I believe we, in Jamaica, should also seize the moment for reasoned reflection regarding the plight of our men, which is reflected in the statistical data presented earlier. A painful truth that confronts us in Jamaica is that, for whatever reason, the streams that supply men for the Jamaican judiciary — the feeder universities and law school — are, seemingly, fast running dry. The reality is that women far outnumber men in these critical tertiary institutions. If we were to continue on this same path, an all-female Jamaican judiciary is a very live possibility in the not-too-distant future. But is the administration of justice ready for such a phenomenon?”

She, at the same time, pointed out that the gender imbalance now favouring women judges in Jamaica is the same as that favouring men decades ago, adding that back then, “that imbalance was characterised as gender inequality, which led to strenuous advocacy on behalf of women for equality”.

On Monday, McDonald-Bishop urged the judges to “weave into the role” the essential threads of the concept of “care ethics”.

“This is a dimension increasingly recognised as indispensable to judicial wellness worldwide. I have taken on this advocacy for care ethics to be integrated into the administration of justice at all stages and phases of the execution of our role. I raised the concept with the justices of the peace at a banquet recently in the context of the administration of justice when we deal with the mentally ill offenders in our criminal justice system. Today I am raising it with my colleagues as a concept that should be integrated while we execute our role as judicial officers,” the Appeal Court president said.

“Care ethics is a moral and philosophical approach that prioritises empathy, care, and compassion in relationships and decision-making. It focuses on specific context and relationships but more than anything, vulnerability; it recognises human frailty and fragility. It promotes a more nuanced and empathetic approach to ethics, emphasising among other things, care in our lives. The approach is widely used in various fields, especially in health care, education, social work, and environmental conservation but it can be applied to the administration of justice in various ways,” she said.

McDonald-Bishop used the occasion to remind the new appointees of the, “necessity to look after” themselves while on their new mission, saying, “The global acknowledgement of judicial wellness following robust advocacy on behalf of us as judges should remind us that judicial wellness is no private luxury — it is a matter necessary for institutional strength and public trust. No member of the public wants an unhealthy, almost mad judge dealing with their matters so mental health is a reality, and mental hygiene and sleep hygiene, we need to have that incorporated within execution of our roles. Healthy judges mean sound judgments, sustainable courts and ultimately, substantial justice for all.”

In congratulating and applauding the newly appointed judicial officers the Appeal Court president said, “their appointments should not be seen as proof that the Judicial Service Commission considers them perfect, meaning that they lack nothing necessary for their judicial role”.

“Not at all, whether they want to accept it or not, each of them is a work in progress; but good work leads to good progress. Everyone has the potential for improvement and development in various aspects of her professional life, and I am confident that in time they will get as close to perfect, if not perfect. What their appointment is meant to signify is a recognition that they are valuable members of the judiciary who, with time, experience, greater exposure, and maturity, will become some of the finest judicial officers our country has ever produced. In short, they have the potential to be outstanding members of the judiciary, providing their health and other life changes permit, and I pray for them [to have] long life, good health,” she said.

Head of Jamaica’s judiciary, Chief Justice Bryan Sykes, in noting the positive influence that stable judiciaries can have on societies, said an inefficient judiciary has a high price and can cost a country up to 2.5 per cent of gross domestic product.

He urged judges to conduct their duties with a steady hand and encouraged the panel to be mindful of individuals who attempt to manipulate the system when pursuing matters through the courts.

He pointed to the need for extreme vigilance on the part of judges, saying he has received complaints from the public about the impact of multiple adjournments which, in instances, have proved too costly for them to remain in legal matters. He said an example of such grievances to come across his desk was from a mother involved in a custody dispute that started when her child was four and is still running even though the child is now eight. The chief justice said the parent complained that each time she attends court she is told the lawyer for the other party is engaged in some other court.

“So, as judicial officers, while we apply the technical law and it may be sound, every case is about a live, flesh and blood human being waiting on the outcome to get on with their lives. It’s not just about the law, as important as that is; it’s not just about the evidence, as important as that is; but it’s about the human being. And sometimes it’s not the litigant; you have a knock on effect beyond the litigant, the families, because it takes significant resources to engage in litigation, particularly in the Supreme Court and the Court of Appeal where they have to come in to Kingston to get the matters heard other than the rural circuits,” he said.

“So, just to say to the judicial officers who have been appointed this morning: ‘Keep that in mind as you go about your duties on a daily basis. It’s not just a case, it’s not just a number, it is a live, flesh and blood human being waiting on an outcome that they can make decisions about how they live their lives and organise themselves,’ ” Justice Sykes said while congratulating the judges.

Leading the list of appointees to permanent posts was Puisne Judge Justice Georgiana Fraser, who has been appointed a judge of the Court of Appeal with effect from September 22. Justice Stephany Orr, master in chambers; as well as Senior Deputy Director of Public Prosecutions Sharon Millwood-Moore have been appointed puisne judges
with effect from September 16, while Senior Parish Court Judge Opal Smith has been appointed puisne judge with effect from September 22. Parish Court Judge Luciana Jackson has been appointed puisne judge, effective September 22.

Supreme Court Puisne judge Justice Lorna Shelly-Williams led the list of appointees to acting positions and will serve as a judge of the Court of Appeal from September 22 to December 19, in the absence of Appeal Court judge Justice David Fraser who is on vacation leave. Senior Parish Court judge Tracey-Ann Johnson is to act as puisne judge with effect from September 16, “until further orders”. Master in Chambers Kamar Henry-Anderson has been appointed to act as puisne judge from September 16 to December 19, while Senior Parish Court judge Yvette Wentworth-Miller has been appointed to act as master in chambers from September 16 to December 19. Parish Court judge Christine McNeil was also appointed to act as master in chambers with effect from September 16 to December 19.

Puisne judges are associate judges of the Supreme Court while masters in chambers are judicial officers who handle interlocutory and procedural civil matters.