Judge calls for enforcement of pro independent judiciary laws (20/02/2018)

The Resident Circuit Judge of the 15^th Judicial Circuit Court in River Gee County has called for the enforcement of laws aimed at promoting the administration of impartial justice by judges and the enhancement of an independent judiciary in Liberia.

His Honor, George W. Smith said, judicial independence and judges’ impartiality are critical to the administration of unprejudiced justice, which is believed to be the foundation of any democratic nation.

Delivering his charge at the opening of the February A.D. 2018 Term of Court in Fishtown, River Gee County, Judge Smith added that the administration of impartial justice fosters and sustains peace, and encourages investment that consequently leads to economic development of a nation.

In the well-researched charge, the Circuit Judge noted that, “in order for judges to administer impartial justice, they must be independent in the discharge of their judicial duties,” describing “independence” as a core value and pre-requisite of judges, the judiciary, and the rule of law.

According to Judge Smith, “Judicial independence and impartiality of judges means that judges must be free from external pressure, like influence from other branches of government that make policies affecting judges. Judicial independence and impartiality of judges also means that judges must be free from internal pressure or influence – internal pressure and influence from colleague judges and superior judges.”

Speaking further, the Resident Circuit Judge of River Gee County said independence and impartiality of judges bring about public trust and confidence in the courts; maintaining that once the public builds confidence in the justice system, it will gain the courage to use the courts as a means of resolving grievances. “Confidence in the courts discourages people from taking the law into their own hands thereby promoting peace rather than chaos.”

Judge Smith, stressed the need to for the enforcement of Articles 71 and 72 (b) of the Liberian Constitution which protects the tenure of judges to ensure judicial independence and impartiality.

Other laws he wants enforced that also protect judicial independence and impartiality include Article 72 (a) of the Liberian Constitution, section 3.14 of the Liberian Judiciary Law and Canon Six of the Judicial Canons of Liberia which protect the salaries and benefits of judges.

Judge Smith added that these laws were enacted to promote independence and fairness in the judicial system by paying judges adequate salaries and benefits, since they are by law, prevented from engaging in any other professional duties or commercial business to earn a living whilst service as a judge.   

Considering the requirements judges have to meet to gain public trust, he said it was the duty of the government to provide judges encouraging incentives to enable them live decent lives. This, he said, will prevent financial and domestic worries and enable them repel temptation.

Judge Smith paid tribute to the administrations of President William R. Tolbert, the Interim Government of National Unity of Dr. Amos C. Sawyer and President Ellen Johnson-Sirleaf all of who tried to support, uphold, protect and defend an independent and impartial judiciary in Liberia during their regimes.

“President Tolbert gave circuit judges duty-free privilege to purchase their vehicles; and in early 1980 he instructed that residences be secured in all the then nine (9) counties for the accommodation of circuit judges, following Judge Frank W. Smith’s CHARGE during the November 1979 Term of Court at the First Judicial Circuit or at Sixth Judicial Circuit Court during the December 1979 Term of Court when he raised the issue of lack of accommodation for circuit judges. During Dr. Sawyer’s IGNU administration judges of courts of record, for the first time, were provided official vehicles amidst the only major source of revenue to the IGNU administration – maritime fund. During President Ellen Johnson-Sirleaf’s Unity Party-led government we witnessed several courthouses being built in the Liberia; all resident circuit judges of the fifteen (15) counties and all specialized courts judges at the Temple of Justice were provided government official vehicles; and a marked improvement in the salaries, allowances and benefits was made, though this improvement was and is not unique to judges and magistrates – in fact, other government officials were and are by far paid higher than justices, judges and magistrates.”

The judge spoke on the theme: The Role of Judges in the Sustenance of Peace in Liberia. What is the Role?