Monrovia – For the umpteenth time judges in Liberia has decried low salary and pension benefit.
Report by Bettie K. Johnson-Mbayo/ [email protected]
“Regrettably and in the contrary, judges in Liberia who possess the minimum of two academic degree and years of experiences earn about one third of what the Legislature reportedly earns as allowance and about two third of what the cabinet minister reportedly earns as allowance; worst of all, there is no standard pension plan for judges. So, a Judge who serves his country until he is 70 is expected to have a take home pension salary of less US$100.00 per month” – Judge Yarmie Gbeisay
Speaking during the opening of Court for the November Term, presiding Judge of Criminal Court “C”, Yarmie Gbeisay, said it was regrettable that judges are paid less than members of the executives and far lesser than the members of the National Legislature.
In his charge, Judge Gbeisay said the essence of court is largely to resolve conflicts and or dispute and harmonize society.
According to him, a strong and vibrant judiciary is therefore necessary for a modern democratic system, without which the country is doomed to perish.
Judge Gbeisay added that the judiciary is therefore the true forum of modern democratic society.
“Any government which does not spend on its judiciary is bound to spend on the security and or conflict management,” he asserted.
He stated that count 6 of the Judicial Canon which states: “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, therefore he must be provided with the necessity of lives and with every means by which he will be able to perform his judicial duties effectively.”
He further stated that judges must be encouraged and given the incentive to live a decent and organized life that would prevent financial and domestic problems and enable him to repel temptation…”
The Criminal Court “C” judge further stated: “Therefore a lawyer who chooses to be a judge is a lawyer who has elected to die shamefully in poverty.
This harsh future reality facing judges of Liberia obliviously has impact on their performances and needs to be addressed. There is an urgent need for judicial renaissance in this country as one of the pre-requisites for national development.”
Judges Critique
He acknowledged that some judges have failed and neglected to measure to the task as evidenced by the quality of opinions and judgments they deliver and some arbitrary actions taken by them.
“Judges are under duty to really read and read daily to keep up with the pace of development in the progressive science of law. Judges are not supposed to be penalized for their legal opinions, but some of the opinions and judgments emanating from judges of court of records are unimaginable, unthinkable, and leave doubt as to our competency, honesty and commitment to duties,” Gbeisay noted.
He continued: “If a judge hearing an ejectment case elects to order arbitration without agreement/ stipulation of parties, one wonders whether he is making or interpreting law; if a judge who has a claim against other person filed a suit before himself/herself, tried and convict the accuse, one is compelled to ask whether such judge is serving in good behavior to warrant serving up to 70 years and don’t deserve some form of punishment, “he furthers.
Judge Gbeisay wondered whether judges should be free of disciplinary actions when the judge is knowledgeable and it is glaringly determined that the wrongful act was deliberate.
He stated rule 31 of the judicial canon which calls for penalty for violation of any of the judicial canon should be either fine, suspension, impeachment and or prosecution in a court of law, according to the gravity of the violation.”
One man army
He asserted that lawyers bear the greatest responsibility for the delay in the dispensation of justice as acknowledge by the judicial canon #17.
Judge Gbeisay said “Eighteen years ago, when I joined the legal profession, every new graduate who intended to practice was mentored by an old practitioner to enable him learn the procedures and legal parlance or jargons, objections and grounds for objections, when and how to make motions and various applications or submission in the court…
“But now a days, this beautiful tradition has gone extinct; young graduates from law school jump into the courtroom saying anything that comes to the mind, sometimes without knowing how to make representation; it appears that many young lawyers do not talk to their witnesses and do not even know the theories of their own cases simply because they are either one-man army or he/she comes from a law-firm where the blind is leading the blind.