Monrovia – Judge Scheaplor Dunbar of the 6th Judicial Circuit Civil Law Court, Montserrado County has warned lawyers against discussing cases that are pending before the court in the press.
He made the statement on Monday, March 18, 2019, at the Temple of Justice in Monrovia during the formal opening of the March 2019 Term of court.
“My charge this morning will primarily be focused on the upsurge in the discussion of court cases in the press and on radio talk shows. As we are all aware, cases pending before our courts are sub judicia, this means lawyers and party litigants are prohibited from talking to the press to discuss the merits and demerits of cases, even before the court can hear the matter, enter a ruling or judgment,” he said.
Judge Dunbar reiterated that cases are won or lost based on facts presented in court and the controlling laws, and not based on public sentiments.
“Some lawyers are under the mistaken belief that by taking their cases to the press, they will mount enormous pressure on the judge or magistrate to rule one way or the other. This is obviously not true,” he noted.
He added that it is unprofessional for lawyers to advise or encourage their clients to discuss the merits of their cases pending before the court on radio talk shows.
Judge Dunbar also noted that in most instances, the facts of cases in court are distorted by public sentiments and insults are rained on judges and magistrates by radio talk show hosts.
He said rule #1 of the Code of Moral and Professional Ethics forbids lawyers or legal practitioners to engage in an act that will bring the integrity of the court to public disrepute.
“This illegal practice must stop. It is unprofessional for any lawyer to engage, advise, initiate or otherwise participate directly or indirectly in any act that tends to undermine or impugn the authority, dignity, and integrity of the courts or judges,” he asserted.
Judge Dunbar also mentioned that the court has received complaints from lawyers that some bailiffs are in the habit of receiving money from lawyers to serve their notices of assignment, but on the contrary take the money and refuse to serve the assignments.
“In some instances, some bailiffs will connive with party litigants to make false returns to court precepts. This ugly behavior must stop. We will not hesitate to punish any ministerial officer who is caught engaging in this ugly act,” Judge Dunbar said.
Also speaking, Assistant Court Clerk and Legal Assistant at the Registry Department, ECOWAS Court, Barrister Duke Ekpenyeng said the importance of the court cannot be overemphasized because it (court) plays a pivotal role in the protection and promotion of human rights. “It is my hope that the public confidence in the judiciary will not be eroded. I urged us all as judges and those preserving justice in the court, that we should keep on protecting, promoting and collaborating with the court to ensure the success,” Ekpenyeng noted.