Islanders are being asked for their views on proposals which would see a new ‘Judicial and Legal Services Commission’ set up to appoint the most senior members of the Island’s judiciary.
Currently there is nothing enshrined in Jersey law concerning how high-level appointments in the Island’s courts are made and the selection processes, which are carried out by convention because no legal framework exists, vary for different roles.
Under the new proposals a ten-person panel – made up of the Bailiff, Deputy Bailiff, Magistrate, a Court of Appeal judge, the chairman of the Jersey Employment and Discrimination Tribunal, three lay commissioners and two lawyers – would be set up to oversee the appointment process.
A statement released by the department said that it intends to introduce a ‘modern, clear and transparent framework for the selection, appointment and tenure of the judiciary and law officers’.
The ‘Judicial Independence and the Establishment of a Judicial and Legal Services Commission’ consultation also seeks Islanders’ views on proposals to introduce new laws to protect the independence of Jersey’s judiciary.
The consultation paper says: ‘International standards suggest that the independence of the judiciary should be guaranteed by the state and enshrined in the constitution or the law of the country and that all necessary measures should be taken to respect, protect and promote the independence and inpartiality of judges.
‘Currently in Jersey the principle is accepted by convention and has not been challenged, however it is not protected by legislation.’
The paper says that new laws should be adopted which deter politicians from ‘undermining’ confidence in judges’ decisions and which require that the States ensures ‘adequate, sufficient and sustainable resources’ are available for the judiciary to carry out their work to ‘the highest standards’.
Chief Minister Ian Gorst said that he would ‘encourage’ Islanders and members of the legal profession to take part in the consultation. He added: ‘The reforms would be of significant importance and it is only through hearing the views of the public that we can give further consideration to the proposals and bring forward amendments where necessary.’
Senator Paul Routier, who is the chairman of the Access to Justice Advisory Panel, said: ‘This is a prime opportunity for members across our community to have their say on the future of several key aspects of Jersey’s justice system.’
More information on the consultation, which closes on 4 August, can be found at gov.je/government/consultations.
