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EDITORIAL - New Chief Justice faces reform and other problems
published: Tuesday | June 5, 2007

The appointment of Zaila McCalla as Jamaica's Chief Justice to succeed the retiring Lensley Wolfe is both historic and symbolic - for several reasons, not least of which she is the first woman to hold the post.

But to deal first with the easiest of the issues - the one that does not directly affect Mrs. McCalla. Prime Minister Simpson Miller's original choice for the job was Michael Hylton, the Solicitor General, who is a highly respected and very urbane lawyer. Mr. Hylton withdrew his candidacy, he said, having discovered that he did not have the support of Opposition Leader Bruce Golding.

That was honourable behaviour on Mr. Hylton's part. For the fact is that the PM's only obligation was to consult with the Opposition Leader before appointing the Chief Justice, not get his agreement. She could, therefore, have made the appointment.

But as Mr. Hylton said, the office of the Chief Justice, even more so than in the case of other judges, can only thrive on the basis of trust. It is important, therefore, that whoever sits in the chair is not embroiled in partisan political controversy.

The Michael Hylton issue, however, does not detract from Mrs. McCalla's appointment. Nor should her elevation be defined solely by the fact that she is a woman.

The symbolic and practical impact of her gender, of course, cannot be totally ignored, for it is another demonstration of Jamaica's continued progress towards gender equality - and the smashing of the proverbial glass ceiling.

What is more important, however, is that Mrs. McCalla got the job because she is qualified and well prepared for it. She has been more than 30 years at the bar and a decade on the bench. The consensus is that she is a good judge. Gender is not the basis on which she will be evaluated.

It is true that justice is represented as a blind-folded woman balancing a scale. But this is a job that Mrs. McCalla must enter with her eyes wide open.

She is aware, we are sure, of the numerous problems affecting the delivery of justice in Jamaica. The process is too slow and it is not at its kindest when dealing with people who are poor and marginalised. Critically, too, it is under-funded.

It is useful, therefore, that Mrs. McCalla is taking over at the start of the justice reform project, about which much has already been said. It is unlikely that the programme will get all the money it needs to effect the kind of transformation deemed necessary.

There are many improvements that can be achieved, however, without huge amounts of cash. Much can happen, for instance, by the implementation of something that costs no money: respect; that is, respect for time and respect for people - by judges, lawyers and others who work in the court system; and respect, parti-cularly, for the poor.

This requires tremendous will from Mrs. McCalla to bolster her intellect and keen urisprudential instincts.

We expect much of her.


The opinions on this page, except for the above, do not necessarily reflect the views of The Gleaner. To respond to a Gleaner editorial, email us: editor@gleanerjm.com or fax: 922-6223. Responses should be no longer than 400 words. Not all responses will be published.

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