Rudolph Brown/Chief Photographer
Governor-General Professor Kenneth Hall places the Order of Jamaica insignia on Zaila McCalla, the country's new Chief Justice, at King's House, last Tuesday. Mrs. McCalla is the first female appointed to the post.

Below, we publish excerpts of the speech delivered by Attorney-General A.J. Nicholson at the swearing-in of Mrs. Justice Zaila McCalla as Chief Justice of Jamaica on Tuesday, June 26.

Today, of course, we are all participants in the creation of history. Whenever the most distinguished mantle of Chief Justice is passed from the incum-bent to the successor, history is created; for the office of Chief Justice symbolises and encapsulates the highest traditions of fairness, honour, justice and integrity in our society.

Today, too, we areall participants in the creation of history through natural continuity.

Since independence, Jamaica has taken pride in the continuity implicit in our constitutional structures. There is order and structure in our transitions - and even in times of stress and turmoil, we have retained respect for these constitutional structures. The position of Chief Justice, a product of our Constitution, passes from one judicial leader to another as part of this continuity. I say we are blessed to have this kind of historical continuity, and we are privileged to be witnesses to it.

And, of course, today, we are all participants in the creation of history in a unique sense. The historians tell us that Caribbean history has not always been written with due regard to role of gender in the determination of status, rank and influence in society. But with all due respect to our historians, this must be readily apparent to all. Our society has traditionally allocated positions, at least in part, on the basis of gender.

Today, once again, we have the opportunity to note that this historical tradition is being shattered before our very eyes. Today, Jamaica has its first female chief justice. We should all say Amen.

Woman of substance

But we must all rejoice in the historical significance of the first female chief justice, I hasten to point out that Chief Justice McCalla has not achieved th by great persons reached and kept because she is a woman.

From as early as 1969, she set herself on the path of a professional career of distinction, when she became the founding manager of the Montego Co-op Credit Union. Then, following a sterling career at the faculty of law at the University of the West Indies and the Norman Manley Law School, our new chief justice was appointed deputy clerk of courts, then clerk of courts.

She was promoted to the office of the director of public prose-cutions and, while there, moved up the ranks from acting Crown Counsel to assistant director of Public Prosecutions in 1985, taking part in theprosecution of matters across Jamaica.

The new chief justice was then appointed to the resident magis-tracy, becoming a senior Resident Magistrate in 1996. In 1993, she acted as Master in Chambers at the Supreme Court, and was subsequently appointed to that position three years later. In July 1997, the new chief justice was appointed judge of the Supreme Court, in which position she adjudicated in numerous civil and criminal cases, presiding in the home circuit and the circuit courts in the parishes, as well as in the Gun Court.

In October 2004, our new chief judge acted as Judge of Appeal, and, from April 2006, to the time of her appointment as chief justice, has held the full position as Judge of Appeal.

Section 98(1) of the Jamaican Constitution places responsibility for the selection of the Chief Justice on the Most Honourable Prime Minister. The Prime Minister is required to consult with the Leader of the Opposition before making her recommendation to the Governor-General.

The requirement for consultation does not mean that the Leader of the Opposition has veto power in respect of this appointment, but it implies that the executive and the Opposition Leader should bear in mind the value of consensus-building in making this appointment.

The fact that ultimate responsibility for the selection of the chief justice rests with the Prime Minister does not at all imply that the chief justice owes any allegiance to the Prime Minister. On the contrary, one of the most fundamental principles - if not the most fundamental principle - in our constitutional order is that of the independence of the judiciary. Thus, the then Justice McCalla of the High Court, and the then Justice of Appeal McCalla, enjoyed independence from the executive.

Chief Justice McCalla assumes office at a time of considerable excitement within the justice system. With the gentle reminder of Chief Justice Wolfe concerning the provision of funding firmly in mind, I recall that representatives of the executive, the legislature, and the judiciary, as well as individuals from the public and private Bar, civil society and other organisations have worked with the Jamaican Justice System Reform Team (JJSRT) to signal some required improvements that must be made to the Jamaican justice system.

Time for reform

Some of the improvements that have been suggested are far-reaching and fundamental, and it is clear that they will need full participation and support from all elements of the justice system to be fully implemented. In this regard, certain important policy decisions will also need to be made, and reliance will have to be placed on the chief justice and her colleague judges to make the core proposals work in practice.

By way of example, I note that the list of preliminary proposals from the reform task force includes recommendations concerning rationalisation of courthouses; court reporting in the Resident Magis-trates' courts; greater case management efforts; the appoint-ment of judges; methods to ensure the sufficiency of the judicial complement; an increase in the number of judges for the Court of Appeal; the assignment of a law clerk to each Supreme Court judge; the completion and application of a code of judicial conduct; regionalisation of the Supreme Court; and rationalisation of the division of jurisdiction between the Supreme Court and the Resident Magistrates' court.

Many of these changes may require a new culture and a new set of approaches among our judges, lawyers, Ministry of Justice officials and other participants in the justice system. Against this background, Chief Justice McCalla's reputation as a careful, consensus-building, reform-minded jurist should put her in good stead to serve as a leader in the restructuring of our justice system.

The changes will also require healthy and substantial collabo-ration between the chief justice and the president-designate of the Court of Appeal, the Honourable Justice Seymour Panton, another outstan-ding product of western Jamaica, who will have his swearing-in next week.

Ishould also add that the changes may well have wider significance for the Caribbean region. In developing our justice system, Jamaica must be mindful of trends and new approaches that are taking place in the wider Commonwealth Caribbean and, at the same time, we must remain conscious that actions taken in Jamaica may influence our intellectual and geographical neighbours.

No sole arbiter

Chief Justice McCalla, I should be careful, however, not to leave you and others here with the impression that you are being appointed to be the sole administrator of the justice reform system. Not at all. I am acutely aware, as are you, that the position of chief justice is that of a supreme judge in the Supreme Court.

Both explicitly and implicitly, therefore, you will be called upon to be the senior judge in some of our most important cases, and to assign to other judges the many cases that determine the way we live our lives today.

It is equally true to say that some of the judgments that you make will have considerable impact not only in Jamaica, but in the wider Caribbean and in the Commonwealth.

We are heirs and successors to a common-law tradition that remains vibrant; but we are also minded to contribute to the powerful river of the common law that draws inspiration from many tributaries in different parts of the world.

Judicious appointment

In your own court, your distinguished reputation precedes you - naturally. Those who have appeared before you, speak, with respect, of your decisive but patient style.

They tell me that, unlike some judges of the United States Supreme Court (to use a non-controversial example), you are not given to sharp interruptions that may break the advocate's flow.

And they tell me that, unlike some judges, your view of the overall case before you will not be obvious to the other dramatis personae.

My own view - based on the methods you employ - is that you are fearless, forthright and just in your approach. The fact that the Attorney-General was atthe receiving end of your ruling in the case of Bernard - the man in the telephone booth - will not prevent us from making mention of that ground-breaking judgment.

Your Ladyship adopted the Denning approach, by tapping a stream, slender or otherwise, that flows within the closely-guarded principles of the law relating to vicarious liability. A wrong had been committed and you went in search, not merely of the remedy, but an immediately reliable remedy. And you found it. We were not immediately convinced, perhaps we were chastened even, but upon reflection, we could not but be immensely impressed by the deftness of the judicial reasoning.

These characteristics confirm the picture shared by many that you are a first-class, judicious and judicial appointment.

Must become role model

But there is one further point that requires consideration. It is this: In Jamaica, a young girl from Wood Hall can aspire to, and become, the Prime Minister of our country, the head of the executive, on the basis of merit. And in this same Jamaica, a young girl from Lennox, Bigwoods, can aspire to, and become the chief justice of our country, on the basis of merit. In this same Jamaica, too, a young boy from Claremont, can aspire to, and become the Governor-General of our country, on the basis of merit.

In Jamaica, today, the younger generation may well take these things for granted. But for those of us who were exposed to the colonial environment, and to limitations on upward mobility faced by generations before ours, this is a precious jewel of independence, self-determination and self-definition. We must now be role models and sources of inspiration to others embarking upon the journey of life.

Chief Justice McCalla, you have been a role model for many, through your dedication and diligence in the cause of preserving the rule of law in Jamaican society.

As students at the Norman Manley Law School study your judgments, as they compare your approaches to that of your accomplished predecessors, such as Chief Justices Wolfe, Zacca and Smith, may their hearts be stirred with pride. May they realise - and never forget - that they are in the presence of Jamaica's best.