| And while government is calling out a member of the bar, it is also at odds with the Bar Association. As we reported on Monday the Bar Association has filed a constitutional motion claiming that the government has unlawfully stripped two appeals court judges of their security of tenure and imposed one year contracts upon them.
The Bar says it is unconstitutional, undermines the rule of law, and should not be allowed to stand.
Now, the administration of justice and the issuance of contracts to judges by the executive are always at odds..but the Prime Minister told us it is only an interim measure to regularize the open ended tenure which had been given to these judges previously.
Today, Bar President Jackie Marshalleck told us that contrary to what the prime minister told us - they have not misunderstood the intent of the law and neither have they "gone off half cocked" as the Prime Minister said they had.
Jackie Marshalleck, Bar President
"Well I do not think that we misunderstood, the law is and has been pass to amend the constitution. The Bar association of Belize doesn't do anything half cocked, this is a very serious matter for us and one that we have given quite a lot of consideration to and the idea that the executive could somehow strip two judges or secure their tenure thru a legislative amendment is just something that we think contravenes the constitution and really should not be allowed to stand."
Jules Vasquez
"Now the court of appeal should convene, I believe, imminently, October 4th, so within the next few days...next week. You all would not like that that session proceed with the contractual sort of Sword Of Damocles hanging above the heads of two justices of appeal, I gather."
Jackie Marshalleck, Bar President
"It would be difficult in our opinion to have them convene. I think critically one of the issues could potentially arise with this amendment is that persons who have matters pending before the court of appeal that involve government may well wonder whether or not these two judges will now have this issue looming over their heads as to whether or not they will have their tenures renewed, whether or not justice would be done, or at least be seen to be done."
Jules Vasquez
"So then how should we proceed? We are a few days away. What should happen with the court of appeal in the next few days?"
Jackie Marshalleck, Bar President
"I think it would be up to the court of appeal to take the decision as to what they will do but I think our position would certainly be that this issue should be resolved."
Jules Vasquez
"Is it foreseeable in your opinion that we will not have a regular session of the court of appeal as scheduled next week with this situation still unfolding?"
Jackie Marshalleck, Bar President
"I don't know what will happen."
The Bar has written to Justices of Appeal Motley and Morrison and have inquired whether or not they intend to sit; the Judges have not responded.
Marshalleck says that if the PM'S door is open then the Bar Association would always be willing to talk to Government.
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