MARGIBI COUNTY – The Resident Judge of the 13th Judicial Circuit Court of Margibi County, Mardea Tarr-Chenoweth, has decried that the government’s salary harmonization program is depressing Judges and magistrates and undermining the effectiveness of the Judiciary.
Judge Chenoweth recounted that the Ministry of Finance and Development Planning and the National Legislature reasoned in pursuant of An Act to Establish the National Remuneration Standardization of 2019 that Judges’ salaries must be cut because the government was spending beyond its wage bill.
She stated that consistent with the Act, which was approved on October 4, 2019, the Government of Liberia harmonized the remunerations of Judges into a lump sum package, to constitute their take home salaries, subject to 16% cut and a rigorous tax regime.
The 13th Judicial Circuit Court Judge noted that the State has constitutionally insulated judges’ salaries from any reductions, consistent with Article 72(a) of the Liberian Constitution which provides that: “Justices of the Supreme Court and all other Judges shall receive such other salaries, allowances and benefits as shall be established by Law. Such salaries shall be subject to taxes as defined by Law, provided that they shall not otherwise be diminished. Allowances and benefits paid to Justices of the Supreme Court and Judges of the subordinate courts may by Law be increased but may not be diminished except under a national program enacted by the Legislature”.
“Reasoning Judges regard this decision as flawed and insufficient, and should not form the basis for a decrease in judges’ remunerations because the rational for the payroll reform was basically to standardize pay across government and reduce the huge irregularities and disparities in salaries. No Act should therefore be promulgated by the Legislature to contravene the intent of the framers of the Constitution of Liberia”. Judge Chenoweth said.
She maintained that best practice and good public policy demands that judges should be adequately paid so that they have no defense against any disciplinary action whenever they transgress.
Judge Mardea Tarr-Chenoweth delivering her formal charge on Monday, February 10, in Kakata, Margibi County at the opening of the February Term, averred that in other common Law jurisdictions like the United States, judges are highly paid to ensure that they are not saddled with issues that might affect their ability to perform in the protection of fundamental rights and liberties.
Continuing, Judge Tarr-Chenoweth stated that: “Any adjustments to their salaries fellow the simple principle of fairness, and consideration of the Law which stops them from engaging in any other business. The small reasoning applies to Liberian Judges. For instance, Judicial Canon six states in part that ‘the judge is a government paid official and must be paid adequately; he holds an exalted position which prevents him from engaging in any business pursuit”.
“Judges are the individuals who are barred from any other business pursuits, and who must live above reproach. Even more so, judges are the only ones subjected to the requirement of ‘good moral character’ as a condition precedent to holding the position of judgeship, as enshrined in Article 68 (a) of the Constitution. Yet, these are the same persons beset by pay cuts or salaries harmonization with those in the other two branches of the government, with absolutely no restrictions on what they can do to create other means of income”. Judge Mardea Tarr-Chenoweth asserted.
The salaries of other government officials, unlike judges, according to the Circuit Court Judge, have a multiplier effect, adding that officials of government placed in the same category of judges, who she claimed are already making far more than judges, are not forbidden from doing other businesses to gain additional income.
The female Judge pointed out that under the new salary regime, associate magistrates are nowadays making far less as salary to the effect that the Judiciary is finding it difficult to place them (magistrates) with insurance company because when the insurance premiums are deducted, those magistrates are left with nothing as disposable income.
“The unfair and non-equitable nature of the Standardization Act has subjected judges to dire economic constraints, with its attendant consequences, such as less motivated and less effective judges and magistrates” Judge Tarr-Chenoweth lamented.
She, however, called on the Executive to rethink its approach towards judges with respect to the salary harmonization and return to status quo ante.
The 13th Judicial Circuit Court Judge at the same time admonished magistrates to continue to live above approach and serve their country with sincerity, commitment, hard work and patriotism, promising to continue to remain engaged with the Supreme Court to dialogue with the government to find an amicable solution to the collective problems faced by the Judiciary.