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The Voice

Michael Hylton, Jamaica's Lawyer
published: Sunday | July 11, 2004

By Barbara Ellington, Gleaner Writer


Michael Hylton - File

MICHAEL HYLTON, Q.C., Solicitor General, is the man charged with the responsibility of administering the affairs of the Attorney General's department. His office provides legal counsel for the Government and represents Jamaica in delegations to the United Nations General Assembly and other foreign bodies.

Described by those who know him as brilliant and unassuming, Mr. Hylton who is now in his fourth year at the department, spoke to The Sunday Gleaner about his career and views on aspects of Jamaican law, in a recent interview. Mr. Hylton's career in law was not born out of any deep childhood ambition or desire to follow anyone's footsteps. As he tells it, "I left school at age 16, not knowing what I wanted to be, so I took a summer job at Barclay's Bank (now NCB) and it turned into a permanent offer. I stayed for a year and did the banking examinations in Accounts and Law. The latter was the easiest thing I had ever done and I became fascinated with it so I chose law over accounts," he said.

SERIOUS STUDIES

Thereafter, the Kingston born and St. George's College educated legal luminary began serious studies in law, and found it more fascinating and interesting as time passed. He did not look back and the result was a first class honours law degree - just one achievement on his impressive list of credentials. He was admitted to Jamaican practice in 1976 followed by England and Wales in 1995 and New York in 1996.

WHY SOLICITOR GENERAL

Following a successful career with the law firm Myers, Fletcher & Gordon, where he was an associate and partner, Mr. Hylton felt the need for a new challenge and grasped it when the opportunity came. He laughingly describes it as a mixture of ego and "other things" but felt that he could do something even if it made a little difference.

"When you see where change is necessary and good can be bettered, you have to face the challenge," he said.

His goals during the first three years included changing the image of the department to make it a place where lawyers want to come to work, "more like one of the top law firms in the country," Mr. Hylton said.

"The department has always had good lawyers but many persons don't see us as service-oriented and where matters are handled speedily and information is easily understood. But more and more, our job has to include some hand-holding, going to see people and delivering all encompassing service; clients are interested in not just speedy delivery but it must also have wider dimensions."

HOW IT WILL BE DONE

Mr. Hylton said part of his requirement upon taking the job was that all members of staff should have a computer and access to the Internet. Under his watch, the department and its filing system are now fully computerised and this affords staff at all levels to communicate more effectively and to do research in a more efficient way.

"With easier access to data, we can better arrange our operations and set about changing our culture to reflect the new changes. We have to be more up-to-date in this age.

COMMITTEES

"We have set up committees to be in charge of all aspects of the work of the office. These must include a junior lawyer and everyone must get a sense that they are involved in drafting rules that govern them," Mr. Hylton said. The library is run by a committee that decides on what books, software and other facilities to access and makes the rules for its use.

In spite of all the efforts he has made to run a smooth operation, Mr. Hylton is not feathering a nest for a ripe old age. Succession planning is high on his list of priorities. And he is forthright about that.

"At every level, there should be at least one person ready to step into that position. If I stay here for 10 years and there is nobody ready to take over after me, I have failed. The vision doesn't depend one or two people only," Mr. Hylton said.

The eminent Queen's Counsel has taught at the tertiary level for a number of years and revealed that this is a vocation he enjoys. He would therefore love to continue teaching into his more senior years and he is also not ruling out a return to private practice.

"I have always taught; when I was in sixth form. I was teaching first form students and for the past 22 years, I have taught at the Norman Manley Law School," Mr Hylton told The Sunday Gleaner.

So, how do the students enrolled at the law school now, compare with those with whom he attended that august institution? Mr. Hylton is very impressed with the current crop.

"Many of them are very active in community work, social work and human rights issues; many are members of committees that attend sittings of Parliament and make presentations on some issues; others hold classes to teach people about their rights and show a level of social consciousness that was not there 15 years ago. I am very proud of them because they will be more rounded professionals.

The Sunday Gleaner wanted to know if the Solicitor General shared the concern being echoed in several quarters about the vast disparity between male and female university graduates. He sees no threats there at all.

MUSIC PASSION

An avid music lover, his office walls proudly display gold and platinum discs of the works of reggae icon Bob Marley. He loves to listen to music videos and does not share the view that the music industry is in decline. He thinks it's growing exponentially, so there is more of everything including the junk.

"Jamaica has a lot of musical talent that needs to be guided and exposed; the face of dancehall is nakedness, but it's reach is phenomenal. For example, Seal Paul's music is now all over the world, said the former chairman of the Bob Marley Foundation and Synergy Productions Limited. Mr. Hylton has served several professional and corporate boards and organisations as chairman or member and is married with two children.

ROLE OF AG'S DEPARTMENT

The Attorney General's (AG) department does all the Government's legal work, including law suits filed against the Government. There are five divisions:

Litigation Division - handles law suits such as: the Michael Gayle case, the case brought against the Government by the Opposition in the matter of Justice (CCJ), and that brought by the families from Krawle, Clarendon.

"We handle accidents involving police vehicles but we do not handle criminal matters."

* International Division - approves all treaties entered into by Government, does anti-corruption work and attends many United Nations and CARICOM conferences on behalf of the Government.

* Constitution and Legislation Division - deals with all laws that are passed in Parliament; ensuring that they do not breach any rule and makes sure that the laws are approved.

* Commercial Division - handles leases, loans, buying and selling properties and Government contracts.

* General Legal Advice Division - handles all complaints and claims against Government and facilitates departments that need advice. Claims could be as small as someone wanting compensation for garments damaged by government equipment on government property.

JUSTICE AND THE PEOPLE

Much has changed, for the better, since Mr. Hylton's career began. The Sunday Gleaner asked: how does he see the justice system in light of current overwhelming perceptions to the contrary and the constant lament of the masses, "we wa'an justice"? His response was three-fold.

"People will be cynical if the overall picture is bad and it becomes slower to see the good.

* When change happens in a bad system, it often is not easy to convince people that there has been change, this takes months.

* A lot is still bad in our justice system, hence the need for organisations like Jamaicans for Justice, which serves a good purpose.

* Many people do not have any idea of their rights, so anyone who helps them has to be applauded, even if one does not agree with everything they do."

DEATH PENALTY

With increased cries from around the world for the death penalty to be abolished, what are the Solicitor General's views on this controversial subject? He noted that it was still being enforced only in the United States, Arab and Third World countries. Mr Hylton feels that persons can be rehabilitated rather than paying the ultimate price.

And where does he stand on the matter of the CCJ, and does a referendum make sense ?

"I feel that we should have it sooner, rather than later; a referendum would have been much more preferable but there is no point to holding one now as persons would respond purely along party lines. That's my personal view. From a legal perspective, we need to decide whether a referendum is required and how it should be done.

ADVICE FOR YOUNG LAWYERS?

"The most important thing is to assume that something may go wrong so always get signatures, keep copies of your documents, keep files, don't be distrustful but be aware of what may happen; we are way beyond the culture of mere hand-shake.

"I would also advise them to assume that whatever they do could end up on the front page of tomorrow's newspaper, so make sure that whatever they do can withstand scrutiny. Do only what your reputation can stand, Mr. Hylton cautioned.

For my part, if wrong doing ever entered my head, I have always thought - "what if my granny were to find out."

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