Chief Justice Sie-A-Nyene Yuoh is seeking support from the Liberia National Bar Association (LNBA) to play a significant role in the appointment of Stipendiary and Associate Magistrates to Magisterial Courts across Liberia.
Although the responsibility of appointing these magistrates legally and traditionally rests with the President of Liberia, as per Chapter 7 Section 7.5 of the Judiciary Law of Liberia, Justice Yuoh is proposing to the LNBA for that responsibility to be shifted to her authority. It is not clear whether President Joseph Nyuma Boakai is in the know or will accept any recommendations of such from the judiciary.
Yuoh's quest for the power to appoint magistrates was made public by Cllr. Sylvester Rennie, president of the LNBA, at the opening of the October 2024 Term of the Supreme Court on Wednesday, October 16.
The LNBA president has already expressed support for the Chief Justice's proposal. Rennie emphasized the need for both the Supreme Court and the LNBA to be engaged in the appointment process to ensure thorough vetting and regulatory compliance with the oversight of the Judicial Branch.
The renewal of expired commissions for many Stipendiary and Associate Magistrates was also acknowledged as a matter needing attention. This initiative was highlighted during former President George Weah's appointment of 173 Associate Magistrates in 2020, as recommended by former Chief Justice Francis S. Korkpor, Sr., to uphold justice and fairness in their roles.
"Madam Chief Justice, Associate Justices, the Dean and members of the Bar, the Bar is fully in support of the suggestion being made by the Chief Justice concerning the appointment of Stipendiary and Associate Magistrates," Rennie maintained. "It is important that the Supreme Court and the LNBA are involved, since these Magistrates, having been commissioned by the President, will have to work under the authority and supervision of the Judicial Branch of the government."
At the same time, Rennie noted, some of the Magistrates are members of the LNBA.
"So, the vetting by the Judiciary and the Bar of these Magistrates for appointment is very important," Rennie added.
According to Rennie, when these magistrates are commissioned, they are under the supervision and authority of the Judicial Branch of Government, who regulates their activities, while the Bar serves as the custodian of lawyers, some of whom are Magistrates.
"The day-to-day interaction of the Magisterial Courts is carried out with the involvement of lawyers," the LNBA President said.
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He maintained that the process is hoary with the age of our tradition within this legal profession, "and we want to thank the Honorable Supreme Court for bringing up this suggestion."
Additionally, Rennie noted, it has been observed that the commissions of most of our Stipendiary and Associate Magistrates have expired and may have to be renewed.
"At present, most of them are operating outside of the scope of the law. We want to thank the Chief Justice for flagging this concern," Rennie said.
It can be recalled that on November 2, 2020, former President George Weah appointed 173 Associate Magistrates throughout the Country.
The appointment of the magistrates was by then based on recommendation of the former Chief Justice Francis S. Korkpor, Sr., and consistent with Chapter 7 Section 7.5 of the Judiciary Law of Liberia.
The Liberian Leader at the time noted that the list consists of graduates from the James A. A. Pierre Judicial Institute, Professional Magistrates Training Program (PMTP) in three (3) segments: PMTP-4 with fifty-seven (57) persons; PMTP-3 with fifty-six (56) persons; and PMTP-2 with sixty (60) persons.
"It is my hope that the appointed associate magistrates will dispense justice in a free and fair manner, and justify the confidence reposed in them", President Weah at the time stated in a letter to the Chief Justice of the Supreme Court.
