Proposal for process of appointment of Justices of the Peace

THE following outlines a proposed nine-step process for the appointment of a new Category {Breed} of Justices of the Peace & Commissioner of Oaths to Affidavits. Step one:- Persons wishing to apply to become Justices of the Peace must fill out a new application form, and deliver to the Administrative Unit, Ministry of the Attorney General. The following documents must also be attached:

{A} Copy of Birth Certificate.

{B} Copy of Passport, Driver’s Permit or Identification Card.

{C} Police Certificate of good character.

{D} Medical Certificate of good health completed within the last six months.

{E} A bank statement showing the average balance in the account for the three previous months.

{F} Recommendations from two referees, as to character and competence.

Step two:- The newly formed administrative unit would compile the application form and all supporting documents and forward these documents to the cabinet appointed committee.

Step three:- The cabinet appointed committee would pursue the application and either deny the application or accept the application to the next stage. The decision would then pass to the administrative unit to communicate the acceptance (or rejection) decision to the applicant in writing.

Step four:- If the cabinet appointed committee short lists the applicant, the process would move to the next stage. The administrative unit would take actions as follows:

{A} Place an advertisement advising the person being considered for appointment in the newspaper and seeking feedback.

{B} Make calls to the referees as well as to places of employment for details on the background of the applicant and to verify sources of income.
{C} Collate this information and share it with the police commissioner requesting an investigation by the police special branch.

{D} Make an appointment with applicant for an interview with a panel set up by the Cabinet-appointed Committee and the Association.

Step five:- The interview committee would meet and interview the applicant and give written feedback to the administrative unit.

Step six:- All information would be collated and sent for consideration to the cabinet-appointed committee.

Step seven:- The cabinet-appointed committee would make a decision to either continue the process for appointment or reject the applicant and communicate this to the administrative unit.

Step eight:- The administrative unit would write the applicant informing him or her of the decision. If the decision is favourable, the unit would prepare a letter on behalf of the committee recommending to the Permanent Secretary, Ministry of the Legal Affairs, the person to be appointed as justice of the peace. The Attorney General would then consider the recommendation and advice the President to issue an instrument of appointment to the magisterial district in which the person resides; or the Attorney General would make comments and return it to the cabinet-appointed committee for further investigation.

Step nine:- The administrative unit would inform the applicant of the decision. If the instrument of appointment is to be issued the unit would contact a senior JP residing in the applicant’s district and make arrangements to mentor the individual for a period of one year.

Major concerns have been expressed in the past with respect to the reliance of recommendations of the police in the appointment of justices since this was one of only two reports on which reliance is placed. As such the proposed appointment process is developed to reflect a more thorough understanding of the individual being considered for this important office. There continues to be the involvement of the Association and the police but there would be sufficient information from other sources for a more informed decision.

These systems would allow for transparency in the recruitment and appointment of Justice of the Peace and ensure that adequate research is done to allow for more informed decision making.

Proposed Criteria for Appointment of Justices of the Peace:

==> possess a minimum level of Certification which demonstrates good command of the English language, both oral and written.

==> Has no Criminal record.

==> Must not be bankrupt – have no overhead expense, be meaningfully employed having an established income.

==> Must be a ‘fit and proper’ person. The term “fit and proper” be used in lieu of the term “any persons”. The term “fit and proper” should include “integrity, honesty, ability and knowledge”.

==> Is in a good state of Health as certified by a medical practitioner.

==> Must demonstrate performance of community service, such as a recommendation from two prominent members of the community, for example:- A Member of Parliament, Mayor, an Attorney-at-Law, Medical Practitioner, a Minister of Religion registered under law to perform marriages, Managing Director, Director and Manger of Banks and Companies, Professional {University Graduates}, Notary Public/Justices of the Peace/Commissioner Oaths to Affidavit, Senior Public Servants Police Officer {Corporal and above rank}, Prison Officer, Fire Sub-Officer and above rank, Member of Defence Force {Corporal/Leading upwards, School Principal, Vice-Principal, Lecturer, Graduate Teacher. Is prepared to perform a social duty in serving the community, free of charge, in the administration of Justice.

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