MONROVIA – Judge Madea Tarr Chenoweth of Criminal Court ‘E’ emphasized the foundational importance of judicial impartiality in our legal system.
“Judges must approach each case with an unbiased perspective, devoid of personal beliefs or political commitments,” remarked Chenoweth.
Chenoweth’s remarks were delivered on Monday, August 14, during the opening session of Criminal Courts ‘A’, ‘B’, ‘C’, ‘D’, and ‘E’ for Montserrado County.
Addressing the theme “Ensuring an Independent Judiciary in Modern Liberia: The Imperative for Judicial Autonomy,” Chenoweth voiced concerns as Liberia’s electoral campaigns gain momentum, leading up to the upcoming elections in October, where citizens will cast their votes for the next president, senators, and representatives.
“With these crucial elections on the horizon, we, as legal practitioners, feel a shared responsibility, as the outcome could either strengthen or weaken our democratic fabric based on our conduct,” she observed.
However, Chenoweth stressed that in a democratic society like ours, it is paramount for individual judges and the entire judicial system to exhibit impartiality and autonomy in the face of external influences. This ensures that those who come before the courts and the wider public maintain confidence that judgments will be made fairly and in alignment with the law.
Chenoweth referred to Judicial Canon Thirty-Seven, which asserts that a judge can hold personal political opinions, yet, she cautioned that engaging in active participation with a political party and promoting its interests, particularly for judges serving on the highest courts, who are constitutionally tasked with reviewing and deciding electoral matters, could result in suspicions of political bias.
“Judges should abstain from assuming roles in political party committees, leadership positions, or engaging in partisan activities,” she emphasized.
Expounding further, Chenoweth cited Judicial Canon Thirteen-Seven, emphasizing that judges should not partake in political gatherings or publicly endorse political candidates, nor should their spouses participate in political events.
Citing Articles 77 to 84 of the Liberian Constitution, Chenoweth highlighted that the Supreme Court holds the authority to review and make final determinations on electoral disputes under the multi-party system. She cautioned that the credibility of the Supreme Court could be compromised if its justices maintain affiliations with political parties.
“Hence, while Supreme Court Justices maintain the right to personal political opinions, and despite not being mandated by law to relinquish their citizenship rights, it is in their best interest and the public’s welfare that they sever ties with their political parties upon appointment to the bench,” she recommended.
Chenoweth added, “We anticipate that our judges and magistrates will refrain from attending political party events or wearing political party merchandise such as t-shirts or caps.”
Highlighting instances where magistrates have resigned to contest political positions, and in some cases, emerged victorious, Chenoweth stressed that if a magistrate or judge intends to pursue political office this year or support a friend or relative’s campaign, the honorable course of action is to resign from their judicial post.
She affirmed that neutrality implies abstaining from overt or covert support for any political figure or party, asserting that the judiciary serves as a cornerstone of peace in Liberia. Handling electoral disputes judiciously is paramount for national progress, drawing from our historical journey. “When the public trusts that electoral conflicts will be impartially and promptly resolved by our courts, they will eschew violence even in the face of provocation,” concluded Chenoweth.