File Ref: CSO/ADM/CR 3/3222/88 (92) III
LEGISLATIVE COUNCIL BRIEF
JUDICIAL OFFICERS (TENURE OF OFFICE) BILL
Enclosure A
INTRODUCTION
At the
March 1993,
meeting of the Executive Council on 30 the Council ADVISED and the Governor ORDERED that the Judicial Officers (Tenure of Office) Bill should be introduced into the Legislative Council.
BACKGROUND AND ARGUMENT
2.
The tenure of office of a judge of the Supreme Court or the District Court is provided for in Clause XVIA of the Letters Patent. This Clause specifies that a judge may be removed from his
his office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, after an investigation has been carried out by a tribunal appointed by the Governor and the question of removal has been considered by the Judicial Committee of the Privy Council.
3.
The Letters Patent do not provide for the tenure of office of judicial officers other than judges (ie Registrar, Deputy and Assistant Registrars of the Supreme Court, Magistrates, Presiding Officers of Labour Tribunal, Members of the Lands Tribunal, Adjudicators of Small Claims Tribunal, and Coroners). At present, such officers are appointed initially on contract. After completing their initial probationary contract, judicial officers other than judges may be re-employed on contract or permanent and pensionable terms.
In addition, those appointed on contract terms may apply to transfer to the permanent and pensionable establishment.
Their applications would generally be approved if supported by the Judicial Service Commission (JSC).
4.
Also, at present, judicial officers other than judges, along with other public officers, are subject to disciplinary provisions under Article XVI of the Letters Patent. The existing procedures for discipline of judicial officers are set out in the Colonial Regulations and the Disciplinary
Proceedings
(Colonial Regulations) Regulations. A judicial officer may be removed for misconduct following an investigation under the prescribed
procedures.
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