Temple of Justice — The Supreme Court of Liberia, on Monday, October 14, 2024, issued a stern warning to magisterial courts, urging strict adherence to the prescribed time limits for resolving cases. Chief Justice Sie-A-Nyene G. Yuoh delivered the caution during the opening of the October 2024 Term of Court, emphasizing the need for timely case resolutions in accordance with the law.
Chief Justice Yuoh announced that the Supreme Court would implement robust monitoring mechanisms to ensure compliance with legal timeframes. She specifically warned magistrates against the frequent deferral and continuance of cases, particularly in persistent non-support matters, stating that such delays were unjustifiable.
"Any practicing lawyer will recognize that such actions by magistrates are indefensible," said Chief Justice Yuoh, mandating magistrates to resolve non-support cases within a maximum of two days.
During unannounced visits to magisterial courts, Chief Justice Yuoh observed unnecessary delays caused by some lawyers' tactics to prolong proceedings in courts of limited jurisdiction. She stressed that the legislative intent behind the creation of magisterial courts was to ensure the swift resolution of disputes, in line with the rules and regulations governing magisterial and traffic courts.
"It is unacceptable for cases to linger in these courts beyond the legally prescribed time due to the shenanigans of some lawyers," Chief Justice Yuoh stated.
She referenced Rule 9 of the court's guidelines, which stipulates that no civil case should be postponed for more than two weeks without a valid reason, nor should a civil case be continued month-to-month without a speedy determination. Additionally, no criminal case in the magisterial or traffic courts should remain unresolved for more than 30 days after an arrest.
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Chief Justice Yuoh highlighted cases where magistrates granted continuances for up to six months, allowing defendants time to produce deeds in summary proceedings to recover possession of real property. She described such delays as a travesty of justice, noting that even if a defendant produces a deed, the magistrate's court lacks jurisdiction in matters involving title, which must be resolved in a Circuit Court through an action of ejectment.
"In such cases, magistrates should promptly issue judgments in favor of complainants in summary proceedings to recover possession of real property," she advised.
The Chief Justice also issued a warning to practicing lawyers, law firms, and non-lawyers who falsely represent themselves as attorneys in court. She reaffirmed a previous circular directing courts not to allow unauthorized individuals to appear as counsel and cautioned the public against engaging their services.
"I reiterate this warning to lawyers and law firms aiding the unauthorized practice of law or contemplating doing so. Upon discovery, the Supreme Court will impose severe penalties, including placing their names on a delinquent list and forfeiting all benefits as Counselors at Law of the Supreme Court Bar," Chief Justice Yuoh concluded.
