Appeal Court president encourages humility on the bench
Condemning judicial arrogance, Court of Appeal President Justice Marva McDonald Bishop on Monday pointedly stated that no title or accolade confers omniscience, reminding judges that the bench demands humility and a lifelong commitment to learning.
“The perspective of seeing yourself as a learning judge is one that should persist throughout your entire judicial career right up to the day of your retirement,” Justice McDonald Bishop told members of judiciary at a swearing-in ceremony of judges and masters-in-chamber at King’s House in St Andrew.
“Even as I extend heartiest congratulations to all of you as we embark on this noble and demanding journey in the service of justice, I wish to emphasise that despite the elevation and accolades you must continue to view yourself as learning judge rather than learned judge,” she said.
Promoted to act as judges of the Court of Appeal were Justices Lorna Shelly Williams and Caroline Tie Powell. Chief parish court judge in Kingston and St Andrew Chester Crooks along with Justice Kamar Henry Anderson were promoted to act as Puisne Judges in the Supreme Court. Two officers of the courts who have served as parish judges, Christine McNiel and Yvette Miller, were appointed acting masters-in-chamber. The tenure of each of the acting positions is from January to March 27, 2026.
McDonald Bishop told them that the concept of the learning judge recently assumed primacy at a training development programme she and Chief Justice Brian Sykes attended in Singapore.
She said that during the course of the discussions with colleagues in breakout sessions in Singapore, it came to her attention that many judges view themselves as self-sufficient and are afraid to seek advice from seniors due to fear of being considered stupid, unlearned, or even as a barrier for promotion.
However, she encouraged the island’s judges to adopt a mindset of judicial humility as they do their jobs.
“Judicial humility is essential not only for the proper execution of judicial duties but for maintaining and strengthening public confidence in the judiciary. It is worth reiterating that judicial humility stands in direct opposition to judicial arrogance, a characteristic we must all be diligent to avoid in our professional conduct,” McDonald Bishop said.
“Judicial humility is a quality that many of us may find difficult to reconcile with our judicial role as it can seem consistent with or even foreign to the prestige and power often associated with our positions. There is a common perception that judges occupy a place of considerable status, sitting high above others, both literally and figuratively. This view can shape our self-perception and influence how we see ourselves and how others see us,” she said and pointed to the 1980 Mac Davis hit song It’s Hard to Be Humble, which uses sarcasm and humour to playfully mock arrogance and pride.
Reciting a section of the chorus which goes: Oh Lord, it’s hard to be humble, when you’re perfect in every way, I can’t wait to look in the mirror ’cause I get better lookin’ each day, McDonald Bishop said: “Such attitudes are sometimes reflected in a tongue-in-cheek manner as captured in the lyrics… This humorous sentiment highlights the tension between the humility required for effective judicial service and the potential for arrogance that can accompany judicial office.”
The Appeal Court president described judicial humility as a state in which judges recognise the limits to their powers and knowledge, open up to different perspectives, and are willing to reconsider their position.
She charged the appointees to embrace the complexity and uncertainty that will arise in their deliberations, and encouraged them never to hesitate to admit when further knowledge is required.
“Such admissions are not weaknesses. Value the perspectives of counsel, litigants and colleagues alike while striving to reach outcomes grounded in justice rather than personal pride. Remember, your authority is enhanced, not diminished, by the compassion and restraint you show. Let humility be one of the foundational principles in the execution of your judicial role as I intend for it to be in the execution of mine and let it be throughout your time on the bench, wherever you may be placed. It is a quality more than any other that may well define your judicial tenure and lasting reputation as a judicial officer. True humility is not thinking less of yourself, it is thinking of yourself less.”
Chief Justice Sykes endorsed Justice McDonald Bishop’s comments, saying, “You would have heard the qualities of a judge that the president identified and it is what we are looking for in the Judicial Services Commission.”
Sykes touched on the issue of backlog in the courts, pointing out that close attention needs to be paid to the Circuit Court system which, he said, has outlived its usefulness.
“It really cannot cope with the volume of the cases and the complexity of the cases and there is no such thing as a simple case anymore in the Circuit Court. Virtually all of the cases now have complex evidentiary matters to be addressed by the trial judges and so it is consuming a significant amount of time. Four weeks even with the most efficient judges is simply not sufficient to address the issues there, which brings us to the age old debate of jury trials as opposed to bench trials,” Sykes said, pointing out that the issue affects not only Jamaica, but countries such as England and Wales.
To demonstrate that the debate has not only occupied Jamaica, he pointed to Sir Brian Leveson being tasked by the Government of the United Kingdom to solve the problem of a backlog of 78,000 cases before the courts.
“He was appointed in 2024 and they, like us, are setting cases four and five years down the road. The Government has recognised that this is not sustainable, something has to happen. Among the more controversial recommendations was the curtailment of jury trials. The home of jury trials is now saying maybe we need to rethink the jury system having regard to the cases that are in backlog and the estimate is that unless something is done, the backlog will reach 100,000 by 2028 going into 2030,” Sykes said.
“The question now of timely justice is a significant one. It also occupied the United States for quite some time because until you have the adversarial system coming to full maturity, cases were disposed of relatively quickly. The Americans recognised then, in the 1800s, and now that you cannot try every single case, hence plea bargaining. In the federal system, over 97 per cent of cases there are disposed of through the plea bargaining system. It is something for the Office of the Director of Public Prosecutions to consider because we cannot try our way out of the backlog that we have,” Sykes said.