The Chief Justice of the Supreme Court Sie-A- G. Yuoh has expressed concerns over the appointment and commissioning of Stipendiary and Associate Magistrates.
“Another issue of concern to the efficient functioning of our courts, specifically the magistrates’ courts, is the appointment and commissioning of Stipendiary and Associate Magistrates,” Justice Yuoh asserted.
Justice Yuoh said the magistrates courts were created to make the judiciary more accessible to the public, especially in rural areas where higher courts might be far away.
She highlighted that while commissioning of magistrates, both Stipendiary and Associate, is the exclusive prerogative of the President of Liberia, it is necessary to seek the input of the Supreme Court, since the latter is the only branch of government constitutionally authorized to regulate the practice of law in this jurisdiction.
Justice Yuoh is recommending a due consideration of the law to be given a revision of the mandatory vetting process of the candidates by the Supreme Court of Liberia and the Liberia National Bar Association (LNBA) before forwarding same to the president for commissioning.
The Liberian Chief Justice emphasized that it has been four years now since the last commission of magistrates was renewed, making the current occupancy and presiding over courts by these magistrates, whose commissions are yet to be renewed, illegal.
She further that the Supreme Court Bench is committed to ensuring adherence to the law, stressing that on April of the year, the Supreme Court submitted to the Office of the President a listing of Stipendiary and Associate Magistrates whose commission have expired and require renewal.
“We hope this will inspire our magistrates to perform at their best in the administration of justice in their respective jurisdiction,” she emphasized.
Justice Yuoh described the placement of constable, sheriffs, and curators within the judiciary system without adhering to the law applicable to the appointment of such persons as a major challenge impeding the smooth functioning of the judiciary.
Sheriffs are ministerial officers of the circuit and specialized courts, charged with the responsibility to carry out orders, judgments and decrees of the courts.
Similarly, Constables are ministerial officers assigned to magisterial courts and charged with the responsibility of effecting the orders, judgment and decrees of said courts; these constable fall under the jurisdiction of the Sheriff of the county, Curators, although ministerial officers, are assigned specifically to the probate courts, and are authorized to perform all the duties of an administrator.
The New Judiciary Law stipulates that Sheriffs and Constables are to be appointed by the President with the advice and consent of the Senate, curators who thereafter are assigned to the probate courts across the bailiwick of the country.
Section 15.1 states that: “The president by and with the advice and consent of the Senate shall appoint a sheriff for each county and as many
Section 112.1 states that; “The President, by and with the advice and consent of the Senate shall appoint a curator for each county and in addition, for each territory and district in which a probate court is established.”
Justice Yuoh revealed that many of these ministerial officers are no longer being appointed by the president.
“It has come to our attention that many of these ministerial officers, who, under Section 21.1 (2) of the New Judiciary Law, are subject to the administration of the judiciary, are no longer being appointed by the president,” Chief Justice Yuoh asserted.
She disclosed that some of these ministerial officers have been appointed illegally, noting that their appointments did not originate from the President, and they lack the necessary qualifications for their positions.
“During my routine inspections of various magisterial and circuit courts, I was alarmed to find that some of these officers lacked even basic reading and writing skills. Yet, these are individuals responsible for serving court precepts and filing written returns on how such services were executed.They are the very staff our courts depend on to enforce orders and judgment,” she lamented.
In an effort to remedy the situation, the Supreme Court Bench initiated consultative meetings with both the former and current Ministers of Justice, with the goal of strengthening the capacity of the ministerial officers assigned to the Judiciary by the Ministry of Justice.
Chief Justice Yuoh is recommending a thorough vetting process to ensure that all ministerial officers recruited to serve within the Judiciary be submitting their names for appointments by the president.
“Incompetence has no place in the Judiciary we are striving to rebrand,” she noted.
