5 days ago
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The Association of Defence Attorneys, ADA, is threatening constitutional action against the Government over what it describes as its continued exclusion from two of Belize’s most influential legal bodies. In a statement issued today, the association placed the Government on notice of its intention to pursue a constitutional claim regarding representation on the Judicial and Legal Services Commission and the General Legal Council. (JLSC) The ADA says it represents approximately ninety-five percent of the active defence attorneys appearing before Belize’s criminal courts. According to the association, successive governments, through the Office of the Attorney General, have acknowledged the need for its inclusion and made commitments to provide representation. Those commitments, however, have reportedly not been fulfilled. ADA Secretary Orson “O.J.” Elrington says the exclusion prevents defence attorneys from contributing their practical experience to important decisions affecting the judiciary and the wider justice system.
Richard “Dickie” Bradley, Attorney: “The problem is that that JLSC is only appointing foreigners. That can’t happen in our country and continue without nobody saying anything.”
Sharon Frazer, Justice: “The practice in other jurisdictions is that you start at the bottom and you work your way up. It’s a career. SO I could recall a colleague of mine in Barbados who was Chief Magistrate when I was Chief Magistrate and he used to say well I’m waiting for my turn and he had his turn, he’s sitting on the High Court in Barbados. So that the system that exists there is that they start from the lower bench and they move up to the higher bench. It is a career path that seems to be establishes in these jurisdictions that I’ve mentioned and others. So that I can’t just decide I will just show up there and apply to go on their High Court. You have all these magistrates who are waiting their turn to go up. So I’m not trying to be disrespectful to anyone, I’m just telling and I want the public to understand this. It is not that yes CMSE says I can go work anywhere. The truth of the matter is I don’t see me being able to go to Trinidad when you have all those all those Trinidadian attorneys, magistrates and those who are waiting their turn to go up based on their career paths.”
The association is particularly concerned about the latest selections to the Criminal Bench, which it says were made without consultation or participation from the organization representing most practising criminal defence attorneys. The ADA argues that continued exclusion from bodies responsible for judicial appointments, professional standards and the administration of justice undermines transparency, accountability and public confidence. It maintains that criminal defence attorneys play an essential role in protecting constitutional rights, ensuring due process and upholding the rule of law. The association is now demanding that its promised representation on both the Judicial and Legal Services Commission and the General Legal Council be fulfilled. While it says it remains open to constructive engagement with the Government, the ADA warns that it is prepared to take all necessary legal steps to protect the constitutional rights of its members.
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