Liberia: Why Are More Magistrates Resigning?

20 September 2024

This paper has gathered that several magistrates have abandoned the courtrooms and transitioned to other public and private practices to secure a better life for their families.

Magistrates in Liberia play a crucial role in the judicial system, particularly in handling cases at the magisterial court level, which is often the first point of contact for many citizens seeking justice.

As foot soldiers, magistrates assigned at magisterial courts across the country have been making significant strides in addressing cases brought before them.

Our sources say that over time, magistrates in various courts have reported being marginalized by the judiciary's central administration.

Our sources say magistrates who graduated from the Louis Arthur Grimes School of Law are paid far less than their Executive and Legislature counterparts.

About five magistrates have resigned, the most recent being Atty. Gabriel F. Ndupellar. He was appointed Assistant Minister for Corrections and Rehabilitation at the Ministry of Justice.

Like judges, magistrates are barred from engaging in other business pursuits while serving and must live above reproach.

More so, judges and magistrates are the only ones subjected to the requirement of 'good moral character' as a condition precedent to holding the position of judgeship, as enshrined in Article 68 (a) of the Constitution.

Our sources assert further that associate magistrates are making far fewer salaries, and the Judiciary is finding it difficult to place them (magistrates) on insurance because when the insurance premiums are deducted, those magistrates are left with nothing as disposable income.

Magistrates Roles and Responsibility:

Magistrates are tasked to implore case tracking methodology that includes the scrutiny of records transmitted by magisterial clerks and release thereof, inmates who have committed petty offenses that have remained in prison beyond the statutory period even if they were to be convicted and sentenced.

They are to transfer to the appropriate circuit court cases of inmates over which the magisterial court does not have jurisdiction and where the defendant failed to request preliminary examination.

They also have the role of assigning cases of inmates who have requested preliminary Examination in accordance with the statute and determining whether the inmates can be discharged or have their case files transferred.

The judicial branch aims to roll out this program to other judicial circuits with alarming pre-trial detention rates.

Meanwhile, in a brief telephone conversation with our judicial reporter, Mr. Papay Mulbah, Information Officer at the Communication Department at the Judiciary, neither confirmed nor denied the report.

However, he said that his boss, the Director of Public Affairs, is currently not in the country and could not discuss the matter.

Reporter: "Good evening, Mr. Mulbah. I have been calling your boss's number, but the company has been telling me that his number is off or unavailable."

Mulbah: "Yes, it's true, and that is because my boss is not currently in the country.

Reporter: "Ok, what do you know about judges and magistrates resigning?"

Mulbah: "I can't speak to that."

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