Most of the litigation with which the average Jamaican citizen is involved takes place in the Resident Magistrate's Courts. These courts replaced the District Courts in 1885 when the colonial administration decided to abolish the District Courts and replace them with a parish-based system. One hundred and twenty years later, the average resident magistrate still has, in addition to his/her work as a judicial officer, significant administrative responsibilities in relation to the staff of the court and over the work of the bailiff for the parish. The RM also has special responsibilities in relation to the collection of overdue taxes.

The workload for the trial of civil and criminal cases and the conduct of preliminary inquiries in the Resident Magistrate's Courts is undertaken by 40 resident magistrates. In 2003, there were 404,897 criminal cases pending before the Resident Magistrate's Courts in the parishes. Only 48.5 per cent of these cases were processed by trial or withdrawal. In 2004, of 496,455 cases only 44.9 per cent were processed, and in 2005 of the 486, 966 cases, 222,837 representing 45.8 per cent were processed.

Incomplete statistics

On the civil side the rate of disposal was similar. The available data for coroner's cases reveal that of 4,099 pending inquests in 2003, and of 3,962 for 2004 only 484 and 492 were processed in those years. The statistics for the Corporate Area for 2005 are incomplete. In addition to criminal and civil cases these judges conduct coroner's inquests. Clearly, we need more judges at this level of the judiciary.

Today, just as they were required to do 120 years ago, resident magistrates must take hand-written notes of all proceedings and their notes are the only official record of the conduct of most of the judicial proceedings in Jamaica. This places an undue physical and mental burden on them, slows trial proceedings and affects efficiency of the justice system.

We support the recommendations of the Justice System Report that resident magistrates should be brought under the Judiciary Act and that they should no longer have administrative responsibilities for supervising court staff and to make reports to the Ministry of Justice. They must be recognised for what they are - the cornerstones of the judiciary.

Recommendations

The task force also recommended that they be called parish judges and the courts over which they preside should be Parish Courts of Justice for the parish of St Thomas, Westmoreland and so on. It urged that we must focus on the future and the important principle of judicial independence and find ways to ensure that the selection, training and working conditions of these lower court judges are improved.

The status of judges at this level of the judiciary could be ensured by paying them at a slightly lower level than supreme court judges and by a transparent appointment process that encourages applications from a broad spectrum of lawyers. This system should be designed to screen effectively, and bring forward the best candidates. The system should also establish a complaints procedure that is consistent with judicial independence and should be underwritten by the development of the principles of judicial ethics.

This is how the magistrates' courts of Ontario were transformed. We should do no less for the judges and courts that have been known for over 120 years as Resident Magistrate's Courts. We should do no less for the majority of Jamaicans who experience the justice system in those courts.