BARCLAYVILLE — A sitting circuit judge has publicly accused Chief Justice Yarmie Q. Gbeisay of abusing his authority and violating judicial welfare standards, using the formal opening of the November Term of Court in Grand Kru County to issue one of the most direct internal challenges to a Chief Justice in recent judicial memory.
Assigned Circuit Judge Cllr. George W. Smith, who said he underwent a "critical medical operation" six days before his deployment, told the gathering that the Chief Justice denied his request for temporary reassignment to a jurisdiction near Monrovia where specialist care is available. The judge said the decision placed his health at risk and was made under the guise of "discipline" and "reform."
"This is excessive abuse of power, an ardent desire to flex authority," Smith wrote in the portion of his Judge's Charge addressing the matter. "This is oppression, suppression and authoritarianism, the enforcement of strict obedience to authority at the expense of personal freedom, in this case, my universal right to health."
The remarks were not improvised. They were written into the official charge and read into the court record, ensuring permanence and public visibility.
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Historic Context and a Shift in Tone
The charge began in traditional form, welcoming county officials, lawyers, law enforcement, jurors and residents, and focusing on the history and legal purpose of circuit riding, which he described as "taking justice and the rule of law to the doorsteps of the people rather than the reverse."
Smith traced the practice from the biblical travels of Samuel to the Magna Carta of 1215 and to the early U.S. Supreme Court, where justices "traveled on horse-drawn carriages on rough roads and endured the sufferings and difficulties associated with road-traveling."
He emphasized that Liberia's Judiciary Law mandates that the Chief Justice rotate judges to circuits quarterly, and highlighted Rule 3 of the Circuit Court Rules, which requires lawyers to attend court openings. Failure to do so, he said, carries consequences.
"Rule 3 makes it compulsory, not optional, for lawyers to attend the opening ceremony of each and every term of court," he declared. "Failure to attend without excuse subjects defaulters to reprimand or fine."
33 Lawyers Fined
He then named 33 lawyers who failed to attend Monday's opening and fined each US$75, warning that non-payment within 24 hours will result in a nationwide bar from appearing before any trial court, including the crowded First and Sixth Judicial Circuits in Montserrado.
"One who receives the benefit must bear the burden attached thereto," he wrote, invoking the Latin maxim qui sentit commodum, sentire debet et onus.
Confrontation with the Chief Justice
The judge's tone shifted sharply as he moved to his medical condition.
Smith said he appealed to Chief Justice Gbeisay for temporary assignment to a circuit with access to referral hospital care. He said the Chief Justice refused, claiming the need to preserve discipline and work standards. Smith said the refusal was not administrative -- but punitive.
"He refused to honor my request, apparently under the pretext of bringing reform to the Judiciary, rebranding the Judiciary and maintaining work ethics and discipline," Smith wrote. He added that the refusal ignored constitutional obligations to humane work conditions.
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Quoting Article 8 of the Constitution, Smith argued:
"The Republic shall direct its policy towards ensuring humane conditions of work, promoting health."
He further cited international human rights law, stating:
"The obligation to protect requires the State to prevent third parties, in this case, the Chief Justice, from interfering with the right to health."
Personal Funds Spent, No Reimbursement
Smith also revealed he personally spent US$3,280 to improve the Civil Law Court in his previous assignment, with the consent of the Court Administrator. He said he urgently requested reimbursement to support medical costs, and was instead told to write another letter.
"Not even showing the least empathy for my medical condition, he demanded that I write a formal letter," Smith wrote. "This is not good faith judicial reform. This is the exercise of power for its own sake."
