THE EDITOR, Madam:
I REFER to your chosen Letter of the Day published in your publication of the 26th inst. Therein Alicia Brown bemoans the lack of service of a Justice of the Peace for her parish of St. Elizabeth.
It is appropriate that you should have highlighted this complaint as it is becoming uncomfortably prevalent. The truth is that more than one half of the Justices of this island are non-performers and act in a manner consistent or worse than the complaint.
Before a person is appointed a Justice of the Peace he/she knows quite well what is required as he/she is required to sign an Undertaking the salient parts of which are hereunder outlined:
"I... DO HEREBY DECLARE that if appointed to the Commission of the Peace for the Parish of...I am willing to perform my fair share of Magisterial duties including presiding at Petty Sessions Court and to serve the public with reference to the signing of documents, giving advice to persons who come to consult me on various matters, and to perform whatever duties I may be called upon so to do in connection with my appointment as a Justice of the Peace for the Parish of ....."
This undertaking many ignore with impunity and hold the public to ransom. Then the Custos appoints more Justices to fill that void and this futile process goes on and on.
A corrective measure has recently been initialled by the Minister of National Security and Justice after consultation with the Custodes details of which I would kindly ask that you publish for public knowledge. I quote from the Guidelines:
"The Commission of Justice of the Peace may be revoked by the Governor-General when the Justice of the Peace:
(a) commits misconduct that would taint the office of Justice of the Peace; or
(b) is guilty of acts of such nature that his continuing as a Justice of the Peace would bring the Office into public ridicule or would cause public scandal or bring the administration of justice into disrepute;
(c) fails to comply with any of the conditions subject to which his appointment was made."
Number (c) above speaks to the Undertaking that he/she signed.
Any member of the public may make a report to the Custos on the conduct of any Justice of the Peace for his parish. The Custos if he thinks fit may conduct an Inquiry into the allegations. The Justice of the Peace has a right to be heard at the Inquiry. After the Inquiry the Custos then decides whether he should recommend to the Governor-General through the Ministry of National Security and Justice that the Justice's Commission be revoked.
The Custos may alternatively reprimand such Justice and or require him/her to enter into a further undertaking relative to the performance of the duties. If the Justice refuses to comply he/she will be called upon to resign the Commission or it will be revoked.
The non-performance of duties by Justices of the Peace greatly affects the administration of Justice and the lives of the ordinary citizens especially now when a recommendation of some sort is required for almost every transaction.
We the Custodes have been and will continue to implore the Justices to work conscientiously and well but will not fail to take steps to revoke the Commissions of those who persist in delinquency.
I am, etc.,
HON. ROYLAN B. BARRETT
Custos of Trelawny
P.O. Box 46,
Falmouth
