THE EDITOR, Sir:
THERE IS need for a Code of Judicial Conduct in Jamaica. This does not mean that our judiciary lacks integrity or that the conduct of our judges is not generally appropriate.
However, there have been occasions when performances on the Bench, particularly by some senior judges, have offended even the most basic principles of proper judicial conduct. Some of these transgressions have resulted in miscarriages of justice and the Court of Appeal has had to quash convictions. Others have evoked public comment and criticism.
JUDICIAL COMPASS
Although these indiscretions might have resulted more from zealotry, egotism or ignorance than from any turpitude, there is clearly a need for a judicial compass - a code of ethics. There is no shortage of precedents. The United States, South Africa and several other Commonwealth countries have models which could be modified and made suitable for the Jamaican jurisdiction.
A code, though expressed in measured language, should leave no doubt that loud, offensive and insensitive language and other crass behaviour, on the Bench and elsewhere, excessive courting of publicity, profiling and inappropriate socialising and public utterances are frowned on. Judges, too, have their foibles and idiosyncrasies. They should not be straightjacketed.
PUBLIC CONFIDENCE
However, they must conduct themselves, at all times, in a manner which will promote public confidence in the integrity and impartiality of the judiciary. That is the 'cross' they bear!
Respected jurists, Justices Paul Harrison and Seymour Panton and Hugh Small, Q.C., in papers presented at legal education seminars have expressed some enlightened views concerning the exercise of judicial power. We must go further. We need a compendium of judicial conduct containing canons, codes, cases and commentaries. This would be a vehicle for protecting and enhancing the integrity of our judiciary and improving the administration of justice.
I am, etc.,
BERESFORD HAY
P.O. Box 1191
Kingston 8
