I WILL BE ROBUST, RESULTS-ORIENTED -New Chief Justice Vows Critical Judicial Reforms

MONROVIA – First appointed by ex-president George Manneh Weah, Yamie Quiqui Gbeisay, Sr is somewhat fortunate to be spotted by, and to enjoy the political favor of, the ex-president’s bitter successor, President Joseph Nyuma Boakai in just a few months on the High Court Bench as an Associate Justice. But it seems the new chief justice is not merely obsessed with serial lucks, but is determined perhaps show the public why providence has made him such a “wonder boy”. In his induction statement yesterday at the Temple of Justice, Chief Justice Gbeisay vowed he would not be a Chief Justice many words, but would be robust, results-focused. The Analyst reports. 

As Liberia’s democracy gradually matures, evidenced by continuous seamless change in major governance institutions of the state, the nation has one again witnessed the leadership change at third branch of government, the Judiciary, as a new Chief Justice takes office following the retirement by former Chief Justice Sie-A-Nyene G. Yuoh.

Though the new man on the bloc, Chief Justice Gbeisay, is a longtime legal practitioner and that lawyers are naturally loquacious, he said he would be of few words, and his preoccupation would be on critical reforms and results.

Taking the oath of office Wednesday, Justice Gbeisay promised his “administration will be robust and result oriented”.

“Chief Justice Gbeisay will be a man of few words; I intend to talk less but do more,” he vowed. “Therefore, much emphasis will be placed on performance.”

He stated his administration will to transform the Inspectorate Division of the Judiciary to the Judiciary Monitoring and Evaluation Division (JM&ED) to be headed by a Counsellor-at-Law.

This Division will conduct constant inspection, monitoring and evaluation of all court facilities and personnel throughout the country, he said.

Chief Justice Gbeisay stressed the Division will also be required to analyze the returns of all judges and magistrates and establish statistical data reflecting the number of cases disposed of by judges and magistrates and how many of these cases were confirmed or reversed by the Supreme Court.

According to him, the information compiled and collated by the Division will be essential in making critical financial and administrative decisions, and that in the new dispensation, “we need to grade our judges and make the judiciary a performance-based institution”.

He said his administration would “cautiously continue with the Rebranding Program of our predecessor and will however, make appropriate changes where we think necessary.

“Personnel and infrastructure development efforts under the Program will continue. We will conduct what I call ‘credential audits’ to ensure that all staff of the Judiciary have the required academic qualification and experience to effectively perform their assigned duties.”

Concerning infrastructure development, Gbeisay said he observed that the lack of electricity is posing serious challenge to the courts, particularly in the rural areas throughout the country, including some newly built judicial complexes.

Even though provisions were made for generators for these courts, fuel consumption and maintenance costs for these generators are very high; and as a consequence, most of the courts remain without electricity.

“We will make appropriate arrangements for the provision of solar panels as an alternative,” the new Chief Justice promised, indicating he is aware that there are many good judges who have continued to make sacrifices over the years to improve the system.

“I am aware that the salaries and benefits of judges are still inadequate for our judges. I am equally aware that Liberian judges are not among the least paid judges in West Africa.”

Justice Gbeisay averred that during his term at the Temple of Justice, nure, he would make appropriate representation to those responsible in the Government for increment in the salaries and benefits of judges, and demand judicial personnel’s rights under the Constitution and ensure that the Judiciary is no longer a stepchild of the other two branches of Government.

“We are co-equal and must be seen as co-equal in all decisions, including financial administration. In this vein, we want to thank the Boakai Administration for commencing the implementation of the Financial Autonomy,” he added.

Uncommitted Judges

The new Chief Justice acknowledged that some of judges are not committed to duty, they often fail to report to work on time, and they come at will and leave at will and perform below standard.

He continued: “Our job is not a part-time job. There are some judges who even believe that a judge is untouchable or above the law. Such attitude and mindset are totally wrong and unacceptable; they will have no place under our watch. We will ensure that judges and court staff report to work on time and fully perform their assigned duties. I ask all judges to conduct themselves accordingly so that the friendship I have with them will remain intact, otherwise we will take appropriate actions. My administration intends to leave a legacy of discipline.”

Training for judges

Justice Gbeisay vowed to mandate the James A. A. Pierre Judicial Institute to conduct refresher training for judges as well as support staff.

Where necessary, he said, legal experts from within and without the Judiciary will be solicited to work along with the Institute in developing special short-term training courses to sharpen the knowledge and skill of judges and court staff.

“We take particular note of some of our judges who often fail in their final rulings to clearly articulate the facts of cases, state the issue(s) presented and enter analytical rulings supported by current laws or precedence,” he emphasized. “We will no longer accept rulings of judges whose only reliance is found in the phrase “in the mind of the court” or ‘law writers have said’. These are not authorities to rely on. We do not know what is in the mind of the court. Judges must read extensively so that they will know and apply the relevant laws in support of the decisions they make.”

Speaking of critical reforms, Justice Gbeisay said his administration will also mandatorily require that henceforth judges remain in their circuits at the end of the jury term to handle non-jury and administrative matters.

In that way, he said, the county attorneys and public defenders will be compelled to remain in their assigned areas instead of coming to Monrovia to wait for the next term of court.

“This is not fair, especially to our people in the leeward counties,” he alarmed, noting that under the law the Supreme Court regulates the practice of law and conduct of lawyers, and that in this regard, “we will initiate concrete steps to ensure that lawyers remain in line with the professional practice of law”.

Many Missteps

The newly inducted chief justice observed many missteps and sometimes outright legal malpractices, especially by young lawyers who try to invent or manufacture evidence on behalf of their clients, where there is no justiciable contention.

The Supreme Court though is separate, independent and neutral branch of government, which principle, he asserted that “we will jealousy safeguard, but as a single government, we will equally rescue the legal profession, which in my humble opinion is rapidly falling apart”.

According to Justice Gbeisay, some lawyers also use the remedial writs to delay cases, which he said is one of the causes of the huge backlog of cases on the dockets of courts, including the Supreme Court’s.

“When this happens, party litigants become the ultimate victims, and the public puts the blame on the Judiciary. This practice will no longer be tolerated,” he said.

Chief Justice Gbeisay: “The solo practice of law or one-man law firm is creating enormous problems for legal practice in our country. Under such practice, a single lawyer establishes a law office. Some do not even have an office attendant, as such, when the lone lawyer is out of the office, there is no one available to receive precepts from the courts or documents from opposing lawyers.

“And when that lawyer travels out of the country, he/she often informs the courts, including the Supreme Court, to postpone all cases he/she has in court pending his/her return. This is a bad practice which hinders the administration of justice. I will confer with my Colleagues as soon as possible for us to decisively address this unwholesome practice. Maybe a Judicial Order would suffice.”

Land Disputes

Justice Gbeisay also zeroed on land dispute matters in the country, describing the condition “a nightmare for our courts”.

He said his administration would work with the National Archives, the Liberia Land Authority and other related agencies to put in place mechanisms to detect and curb land fraud.

According to him, “If nothing is done, we will not be surprised if someone appears in court with “original deed” for the land occupied by Temple of Justice itself or the Executive Mansion. We will give priority to cases involving criminal conveyance.”

He assures countrymen that during his tenure, there will be zero tolerance for corruption and ethical malpractice by judicial actors, whether a judge, a lawyer or support staff.

“We will work to ensure that the Judiciary is a place where justice is served to all, the rich or poor, irrespective of color, creed or political connections,” he said.

He outlined his anticorruption measures: “Whether the constant talk of corruption in the Judiciary is real or perceived, we will put systems in place and take necessary actions as preventative measures. For example: a) signs and signages will be placed on judicial premises in the clear view of the public warning everyone against indulging in the offering or taking of bribes and other forms of corruption; b) CCTVS or security cameras will be installed in strategic locations and special cell phone numbers will be provided in all the courts in the Republic so that employees of the judiciary engaged in corrupt acts will be promptly reported to the office of the Chief Justice; c) Certain judicial officers, like the sheriffs and curators, etc., will be required to post indemnity bond, so that, if and when money entrusted to them is not accounted for, there is an avenue for refund; and d) we will reinforce the mandate and authority of the Judicial Inquiry Commission (JIC) and the Grievance and Ethics Commission (GEC) and make sure that their recommendations emanating from complaints against judges and lawyers are decisively and promptly acted upon.”