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Stabroek News

Panton to champion justice-system reform
published: Monday | July 9, 2007

Barbara Gayle, Staff Reporter


Governor-General Professor Kenneth Hall (right) presents the Instrument of Appointintment to Justice Seymour Panton, the new president of the Court of Appeal, at a swearing-in ceremony at King's House last Friday. - Junior Dowie/Staff Photographer

Some welcome winds of change could be blowing through Jamaica's justice system soon. That's if Justice Seymour Panton, the new president of the Court of Appeal, has his way.

Speedy appointment of an additional three-member panel of judges for the Court of Appeal, the advertising of vacancies in the judiciary, including the Resident Magistracy, and the sprucing up of the Supreme Court building were some of the recommendations made by the eminent jurist on Thursday, in an interview with The Gleaner.

Justice Panton, 61, who succeeds Justice Paul Harrison, was sworn in on Friday by Governor-General Professor Kenneth Hall at King's House. During the ceremony, he was also conferred with the Order of Jamaica (O.J.), the country's fourth- highest civic honour.

Ten days earlier, Zaila McCalla was appointed Jamaica's first female Chief Justice, succeeding Lensley Wolfe.

Justice Panton said he expected that the Government would quickly agree to increasing the complement of judges at the Court of Appeal. The court now has seven judges, and for the past 10 years, calls have been made for the number to be increased to speed up the hearing of appeal cases.

Lawyers ready for changes

"It seems to me that the lawyers who practise in the Court of Appeal are ready for the changes that the judges would like to make, which include limitation on the time for oral arguments in order to give the judges time to render their decisions quickly," he said. "Our priority at the Court of Appeal will be to deliver our judgements as early as possible."

Stating that he enjoyed "a very healthy personal relationship" with Chief Justice McCalla, Justice Panton said from time to time they discussed matters relating to the administration of the courts.

"I am prepared to collaborate with her so far as it involves the proper administration of the system of justice."

He added: "I have no doubt that she will support me in my request for immediate increase in the complement of judges in the Court of Appeal."

Justice Panton, noted for his candour and fearlessness, said there was a time when he thought there was no need for a judicial code of conduct.

"I expected that the process of screening, conducted by the Judicial Service Commission, would have been such that there really would be no need for a code of conduct.

"Every judge should be reminded at all times of the Judicial Oath and Oath of Allegiance they took when they were sworn in," he said.

However, Justice Panton said, in recent times, he had received complaints from several members of the Bar that the in-court behaviour of some judges and Resident Magistrates left much to be desired.

He said he intended to probe the matter.

"If I find there is justification for that sort of thinking by the members of the Bar, I will definitely support speedy implementation of a judicial code of conduct," Justice Panton said. "I do feel that judges ought to conduct themselves in a manner that is above reproach in terms of punctuality and civility."

Not mimicking american paradigm

He said he was not in favour of confirmation hearings for judges.

"That is the American way, and the American way is not the Jamaican way. I do feel, however, that the public at large should know when there are vacancies," he explained. "I do not think it should be a matter restricted to informing various Bar associations. The public should be told there are the vacancies, and invitations should be issued for applications.

"I see nothing wrong with the public being told that X, Y and Z are being considered for the filling of the vacancies and I see nothing wrong with the public being advised that X,Y or Z has been preferred."

Asked about recent comments by Mr. Wolfe relating to resources, Justice Panton remarked: "I am very happy to see that the outgoing Chief Justice has agreed with me that the Government has not been providing the resources to do the job. For years upon years, I have been bringing this to the attention of all the judges in this country and there were times I was not agreed with. The fact of the matter is that some matters ought not to have required any representation," he said, referring to the deplorable conditions at some courthouses, particularly the Supreme Court.

Depressing conditions

He said the precincts of the Supreme Court and the Court of Appeal which face each other on King Street, between Barry and Tower streets, were overwhelmed by homeless persons.

"I have seen nothing that has been done to correct the situation," Justice Panton said. "Judges have told me over and over that they get a feeling of depression when they approach the buildings in which we work, and in my view this is clearly not good for the system of justice.

"Our surroundings ought to be beautified and maintained. We ought not to be having hordes of homeless persons, dogs, rats and other such unwelcome sources swarming about us. I urge the authorities to immediately make the Supreme Court and Court of Appeal environmentally friendly."

Commenting on the inadequate space at the Appeal Court building, he said that if the Court of Appeal is to remain at its present location, arrangements would have to be made for the Accountant General's Department and the post office, which are on the same building, to be housed elsewhere. But for the time being, the Office of theDirector of Public Prosecutions (which shares the same building) and the Court of Appeal could remain.

He said that with the expected increased complement of judges for the court, the Accountant General's Department would have to be housed elsewhere or the Court of Appeal removed.

Ladder of success

Justice Panton's career began 43 years ago, with his appointment as an assistant clerk of the courts in Lucea, Hanover, the parish of his birth. He qualified as a barrister at Lincoln's Inn, London, on November 26, 1968, and has worked with the Cayman Islands government as a legal assistant to the Attorney-General, and later as a senior Crown Counsel.

In Jamaica, he has served as clerk of the courts, Crown Counsel, Resident Magistrate, a Supreme Court judge and a judge of the Court of Appeal.

He is a former vice-president of the Resident Magistrates' Association and a former council member of the Commonwealth Magistrates and Judges' Association.

Justice Panton is a lay preacher at the Providence Methodist Church. He has been married for 36 years to Carla Maxine and they have two adult children, Suzette and Sandor.

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