average Service Judge.
Since then, a general consensus of
opinion has been reached by Sir James, the Governor and
others that even where there was a suitable Service
(41) 1968/9 il candidate available, it might still be in the public interest
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to make an occasional appointment from the Bar. (14/14.Fo141) 4. The likely reaction of the Public Service to this has
also been carefully examined, in particular, by Sir A. Grattan- Bellew (14/14 Fol.21) His considered opinion is that if the appointments were made only occasionally, claims for compensation by an officer in the Public Service on the grounds of being passed over could be rejected. He draws a clear distinction between such occasional appointments and
the situation where members of the local Bar would be
22) 1968/9 file considered pari passu for promotion with members of the
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Public Service. The ODA view was also that if such appoint- ments were made 'very infrequently and prudently timed- for
example take the form of one of a number of elevations to the Bench- it would still seem reasonable to expect that serving officers would not be able to make any realistic and defensible claim for compensation'. (Folio 22) This is exactly what the Governor now has in mind - that appointments from the Bar would be made only 'in very exceptional circumstances', and could best be broached to the Service soon, as there will be two vacancies in the Supreme Court
in the near future.
5.
It is not to be expected that members of the Public
1968/9 Service will be pleased by even a 'very infrequent'
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appointment from the Bar. Indeed, in November 1968, 18 Senior Magistrates & Magistrates wrote to the Registrar of the Supreme Court expressing their concern regarding their own career prospects being threatened by such appointments. However, Sir James McPetrie drafted a reply which reserved the right of the Secretary of State to make such appointments on appropriate accasions & mentioned precedents in other territories. He himself thought that the concern was quite
probably the result of over-confident talk by members of the Bar Association. (Fol.31) As long as members of the Service are reassured that appointments from the Bar would be very exceptional', and not the thin edge of the wedge (as, no doubt, the Bar hope), I do not think we need fear any
outraged reactions.
6. The question therefore is now largely one of public relations. To spring a surprise appointment of this kind
/..on