JP regulations finally ready
Franz Manderson, Deputy Governor of the Cayman Islands
(CNS): More than five years after government first committed to address the issue of better regulation and training for justices of the peace, the deputy governor tabled the revised regulations for the regime Friday in the Legislative Assembly. Following the passage of amendments to the summary jurisdiction law last year, he said, the new regulations, which were recently approved by Cabinet, will come into effect on 1 May and will govern the appointment and conduct of all JPs.
In a short statement, Franz Manderson explained that the regulations provide for a more formalized appointment process, a requirement for ongoing training and a code of conduct. A complaints process has been created for members of the public not satisfied with the services of JPs and the regulations mandate proper record keeping.
He said preparations had been made with all the law enforcement agencies, who have issued documentation to standardize the approach when asking JPS to sign warrants.
“The regulations will enhance and formalize the good work being done by justices of the peace,” the deputy governor said.
The issue of JPs has made headlines over the last few years after a court case involving local activist Sandra Catron in May 2013 exposed serious shortcomings in the system. A local JP who signed the warrant for her arrest admitted signing anything the police put in front of him, even though he was not aware of the law, nor had he seen any evidence to support any search warrant during his decades as a JP.
Local attorney Peter Polack has also been trying to complain for almost a year about a JP who signed an unlawful warrant that was served on one of his clients but he was told there was no one for him to complain to.
However, as of next month, anyone who believes a JP has acted outside of the law can complain to the clerk of the court with the facts, and where it is not frivolous or vexatious, the JP will be notified and both their response and the complaint will be forwarded to the attorney general within twenty-one days.The attorney general will then report back to the governor, who can advise the chief justice to appoint a tribunal.
That tribunal will include a magistrate and two justices of the peace nominated by the Justices of the Peace Association. They will then assess the complaint and make recommendations to the governor to dismiss the complaint censure or to suspend or remove the JP. However, any JP faced with an upheld complaint can appeal to the courts.
Meanwhile, in order to head off complaints, JPs will be trained before they are appointed and during their time serving as a JP. They will also be expected to adhere to a code of conduct.
Anonymous
A group that should not be getting this title are civil servant chief officers, AG and other senor public official and MLAs.
Here it is akin to an absolute rite of passage and with the exception of one ex-CO who probably signed a search warrant once in his career and to his own detriment, most don’t do the work of a JP unless I guess it is their friends. This is a practice, if FM is serious about good governance, which is one of his buzz words, he would stop.
JPs can serve a very important function in their communities and it should not be aged based either, which to do so is age discrimination.
The basic requirements should be that the person is of fit and sound mind, law-abiding and can read and write.
Yes, and complete the training and actually provide a certain number of hours of public service.
Suffice it to say, this practice that is believed to have started in England circa 1252 appears to have passed or fast approaching its date of expiration; but then again, we will wait for England to dispose of it before we follow along.
Thankfully, England is not wasting time in ridding itself of waste and the vestiges of a long gone era apart from its popular Monarchy which is an economic pillar; therefore, I expect that it wont be long before England will jettison this to the history books.
Sad … why did it take so long?
This is all great, but I would like to know when the government will start granting this responsibility and honour to some new people, perhaps a bit younger, more productive, more deserving and more capable. For too long for too many people it has been just a decoration for the business card. It’s all very well to train JPs but what you want to teach them has to depend on who you want them to be drawn from in the first place. If the idea is to teach new tricks to old dogs or to let the old dogs carry on as they have been, neither is going to work out that well unless there is some fresh blood in the group. The vast majority of JPs are never asked to use their powers and that is why they do not know what to do when they do get asked. Anyone grandfathered who does not have to train should not be used and some new JPs should be appointed.
I get what yer sayin’, but I’d get it better with “paragraphs.”
Sounds to me like the existing JP posse will be grandfathered in. Bend the rules to fit the establishment. CORRUPT BUSINESS AS USUAL