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Bar Scolds Media, Tries To Makes Nice With CJ
posted (July 24, 2017)
The Bar Association has decided that it will give Chief Justice Kenneth Benjamin until the end of September to deliver the backlog of 29 outstanding judgements that have been pending between 2 and 5 years.

That's according to unofficial reports - but there'll be no press release from the Bar Association Executive confirming or denying it. That's because the Bar Executive is mightily displeased that their internal documents reached our news desk on Friday.

This evening, the Bar sent a press release scolding 7News for releasing the documents on Friday's news. The release says, quote, "the report...sought to portray the issue...in a sensational and wholly inappropriate manner." End quote.

But, the issue is what it is, and the release concedes, quote, "the facts are that there are outstanding judgements and the bar is duty bound to do all within its statutory powers to seek the delivery of those judgements."

The release then seeks to make nice with the Chief Justice - the head of the judiciary which it is now publicly challenging - in saying, quote, "the Bar intends to work with the judiciary…in a manner that demonstrates the respect which it has for the Judiciary," end quote.

That's quite a different tone from the notice the Bar sent out to its members last week suggesting four possible courses of action to deal with the backlog of cases. The first was to, quote, "move a resolution calling for the voluntary resignation of the Chief Justice on the basis of a lack of confidence in his ability to deliver outstanding decisions."

The second was to, quote, "Postpone taking any specific action until October 2017 in light of the letter from the Honourable Chief Justice."

The third was to, quote, "Make a formal complaint to the appropriate body for the removal of the Chief Justice from office for misconduct."

And the fourth was to, quote, "Institute a Constitutional Motion for the benefit of aggrieved litigants seeking declaratory and injunctive relief against the Chief Justice. In particular, a declaration to the effect that the delays amount to a breach of the constitutional rights of the litigants."

Unconfirmed reports say the second proposal was adopted, but with the deadline moved up to the end of September. That would put chief Justice Benjamin in the very difficult situation where he has to produce about one judgement every three days - which is no easy feat.

And, make no mistake, things coming to a head like this - and now so publicly - is a seismic event in the legal community - the bar association challenging the very head of the judiciary. We stress, the bar has challenged other judges for late judgements before, but never the Chief Justice, not until now - and it will be interesting to watch how it unfolds from here.

To a degree the CJ is already on the defensive since he promised to deal with the backlog a year ago, but only delivered three judgements. And then he wrote to the Bar last week resolving to end the situation by October, and saying, quote, "the patience and understanding of the bar is craved."

The list of outstanding judgements show judgements pending between one year and 6 months, and 5 years and three months.

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