XN000022-1974-09-12 — Page 2

THURSDAY, SEPTEMBER 12, 1974

GOVT ACCEPTS CJ'S RECOMMENDATIONS

THE GOVERNMENT HAS ACCEPTED A NUMBER CF RECOMMENDATIONS PUT FORWARD BY THE CHIEF JUSTICE.

THE RECOMMENDATIONS FOLLOW A REVIEW BY THE CHIEF JUSTICE OF CERTAIN MATTERS AFFECTING THE JUDICIARY, SOME INVOLVING CONSULTATION WITH THE SECRETARY OF STATE.

ONE OF THE RECOMMENDATIONS CONCERNS THE ESTABLISHMENT OF A SEPARATE COURT OF APPEAL. THE DECISION TO PROCEED WITH THIS WAS ANNOUNCED IN THE LEGISLATIVE COUNCIL RECENTLY. IT IS EXPECTED THAT THE NECESSARY LEGISLATION WILL BE PRESENTED TO THE LEGISLATIVE COUNCIL BEFORE THE END OF THIS YEAR.

THE CHIEF JUSTICE HAS RECOMMENDED THAT THE LAW SHOULD FORMALLY CONFER SECURITY OF TENURE ON THE CFFICE OF DISTRICT, JUDGE. ALTHOUGH THE POSSIBILITY OF THE RELOVAL OF A DISTRICT JUDGE FROM OFFICE HAS NEVER IN PRACTICE ARISEN, IT IS CONSIDERED THAT STATUTORY PROVISION IS CESIRABLE, TO EMPHASIZE THE FULL INDEPENDENCE OF DISTRICT JUDGES.

IT IS PROPOSED TO CONFER ON THEM SIMILAR PROTECTION TO THAT WHICH IS ALREADY CONFERRED BY THE LETTERS PATENT, ON SUPREME COURT JUDGES, WHICH PROVIDE THAT A SUPREME COURT JUDGE CAN ONLY BE REMOVED FROM OFFICE AFTER INVESTIGATION BY A SPECIAL TRIBUNAL AND REFERENCE TO THE JUDICIAL COMMITTEE OF PRIVY COUNCIL. THE PRECISE

WAY IN WHICH THIS WILL BE ACHIEVED HAS YET TO BE DETERMINED.

AT PRESENT. THE NORMAL RETIRING AGE OF DISTRICT JUDGES IS 55, THE SAME AS THAT FOR MEMBERS OF THE CIVIL SERVICE. IT HAS BEEN DECIDED TO RAISE THIS TO 60, IN ORDER NOT TO LOSE THE BENEFIT OF THEIR EXPERIENCE, AT WHAT IS A COMPARATIVELY YOUNG AGE. THE DECISION TO RAISE THE RETIRING AGE WAS INFLUENCED, AMONG OTHER CONSIDERATIONS, BY THE RECENTLY ADOPTED POLICY OF MAKING APPOINTMENTS TO THE DISTRICT COURT BENCH FROH LAWYERS IN PRIVATE PRACTICE. TUO SUCH APPOINTMENTS VENE MADE IN 1973 AND, THOUGH SUCH APPOINTMENTS ARE NOT LIKELY TO BE FREQUENT, A RAISING OF THE RETIRING AGE SHOULD ENCOURAGE SUITABLE PRACTISING LAWYERS TO ACCEPT APPOINTMENT.

ANOTHER PROPOSAL, WHICH HAS THE CHIEF JUSTICE'S SUPPORT, IS THE ESTABLISHMENT OF A JUDICIAL SERVICE COMMISSION. THIS COMISSION WOULD ADVISE THE COVERNOR ON APPOINTMENTS TO VAC..NCIES IN JUDICIAL OFFICES. IT IS UITENDED THAT THE CHIEF JUSTICE SHOULD BE THE CHAIRMAN OF THE COMMISSION AND THAT THE OTHER MENDERS WILL BE THE CHAIRMAN OF THE PUBLIC SERVICES COMMISSION AND NOT MORE THAN TIREE PERSONS APPOINTED BY THE GOVLENOR.

THE GOVERNMENT

C