The Editor, Sir:

Recent media reports have indicated that Resident Magistrate Marlene Malahoo-Forte withdrew her application submitted to the Judicial Services Commission to fill a vacancy on the bench of the Supreme Court, and has been appointed as a junior minister in the Ministry of Foreign Affairs.

It is hopeful that this political appointment does not mean the end of the magistrate's judicial career, particularly an appointment to the bench of the Supreme Court, which is a lifetime appointment, as opposed to a political appointment which is subject to the discretion of the appointer. The magistrate seems to have much to offer to the judiciary as a judge at the highest level.

It is disturbing to say the least that Magistrate Malahoo-Forte withdrew her application to be appointed to the bench of the Supreme Court. It would be even more disturbing if the withdrawal were the result of her criticisms of some lawyers which did not appear unreasonable, although questions can be raised about the public forum used to vent her comments, amplifying and making them overtly public. Is this the case of where the truth is an offence?

It would be very disturbing if it can be proven that those at the forefront of the opposition to the magistrate's appointment are themselves seeking and may have applied to be appointed to the bench of the Supreme Court. Is this so?

Having said all of the above, and having regard to the United States Senate hearings into the appointment by President Barack Obama of Federal Judge Sonia Sotomayor to fill a vacancy as a Supreme Court Justice on the United States Supreme Court, what appears to be a failure in the local appointment process, as regards Magistrate Malahoo-Forte, shows the need for a new day in Jamaica to have full parliamentary hearings into the appointment and removal of judges to the bench of the Supreme Court and the Court of Appeal. Will this happen in Jamaica?

Where serious concerns may have been raised about the conduct of a number of judges sitting on the bench of the Supreme Court, and these concerns have been made known to the authorities in no uncertain terms, is there a process or procedure to determine whether these judges should have been appointed? It does not seem so. Had there been a procedure for hearings to control the appointment process, would it have been successful to weed out these judges? It does seem so.

In light of what appears to be a failure of the appointment process, as regards Magistrate Malahoo-Forte and other judges who have been appointed, will there be hearings to control the process of appointment of judges to the bench of the Supreme Court and the Court of Appeal? The Jamaican people should not hold their breath.

I am, etc.,

HUMPHREY L. McPHERSON

Attorney-at-Law

Humphrey L. Mcpherson & Co.

65 1/2 Half Way Tree Road

Kingston 10