Chief Justice Annual Report on the Judiciary of Belize 2009
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Chief Justice Annual Report on the Judiciary of Belize 2009 CHIEF JUSTICE ANNUAL REPORT ON THE JUDICIARY OF BELIZE 2009-2010 1 Chief Justice Annual Report on the Judiciary of Belize 2009 FOREWARD 2 Chief Justice Annual Report on the Judiciary of Belize 2009 TABLE OF CONTENTS Annual Address by the Chief Justice Privy Council Court of Appeal Supreme Court General Registry Magistrates’ Court Family Court Law Library Judicial Officers Administrative and Support Staff 3 Chief Justice Annual Report on the Judiciary of Belize 2009 Annual Address by the Chief Justice EXCELLENCIES, MEMBERS OF THE DIPLOMATIC CORPS, MEMBERS OF THE CLERGY, THE OMBUDSMAN, PRESIDENT OF THE BAR ASSOCIATION OF BELIZE, YOUR WORSHIPS, LEARNED SENIOR COUNSEL AND ATTORNEYS, COMMISSIONERS OF THE SUPREME COURT, LADIES AND GENTLEMEN: IN A REAL SENSE, TODAY WE STAND ON THE CUSP OF TIME. WE HAVE ALL ADDRESS DELIVERED WITNESSED, JUST A FEW AT THE FORMAL OPENING OF WEEKS AGO, THE END OF THE THE FIRST DECADE OF THE TWENTY- COURT COMMENCING THE 2010 FIRST CENTURY. A CENTURY LEGAL YEAR THAT HOLDS SO MUCH PROMISE OF THE SUPREME COURT FOR HUMANKIND. WHAT IS HOWEVER UNMISTAKABLE, IS ON THAT THE FIRST DECADE OF THE TWENTY-FIRST CENTURY MONDAY 18TH JANUARY, 2010 DID NOT END ON AN UNBOUNDED NOTE OF OPTIMISM. COUNTRIES ALL BY THE HON. CHIEF JUSTICE OVER THE WORLD, LARGE AND ABDULAI CONTEH SMALL, DEVELOPED AND DEVELOPING, ARE IN THE THROES OF RECESSION; INTRODUCTION THOUGH IN SOME CASES, WITH A GLIMMER OF HOPE OF RECOVERY ON THE HORIZON. IT YOUR EXCELLENCY, THE IS UNDENIABLE HOWEVER, THAT GOVERNOR-GENERAL, SIR THE GLOBAL ECONOMIC AND COLVILLE YOUNG, MY LORDS FINANCIAL DEVELOPMENTS OF GONZALEZ J., AWICH J., LUCAS THE LAST DECADE HAVE CAST A J., LORD J., LEGALL J., PALL OF GLOOM OVER MOST MESDAMES JUSTICES ARANA COUNTRIES, INCLUDING HERE IN AND HAFIZ-BERTRAM, MR. BELIZE. ATTORNEY GENERAL, YOUR 4 Chief Justice Annual Report on the Judiciary of Belize 2009 THE OPENING OF THE THE ALLOCATION OF FINANCIAL LEGAL YEAR OF THE SUPREME RESOURCES TO THE JUDICIARY COURT IS NOW A FIXED ITEM IN IN BELIZE. I HAVE ALWAYS THE JUDICIAL CALENDAR IN DONE SO NOT WITH ANY BELIZE. IT IS ALMOST MALICE, INGRATITUDE OR TO INVARIABLY HELD ON THE THIRD GIVE OFFENCE, BUT TO STATE MONDAY OF THE FIRST MONTH AN EVIDENT FACT. IN THE NEW YEAR. THE I THEREFORE SAY THAT OCCASION ITSELF PRESENTS NO OFFENCE IS INTENDED IF I AN OPPORTUNITY FOR THE STATE THAT LAST YEAR WAS CHIEF JUSTICE TO INFORM THE NO EXCEPTION IN THE NATION ABOUT THE HEALTH ALLOCATION OF RESOURCES TO AND PROGRESS OF THE THE JUDICIARY. THE TOTAL JUDICIARY OVER THE PAST ALLOCATED TO THE JUDICIARY, YEAR. THE OCCASION HAS, INCLUSIVE OF SALARIES, OVER THE YEARS, COME TO WAGES AND OTHER COSTS, ASSUME A FORMAL FORMAT. IT WAS $7,092.483.00. THIS IS NOT AN OCCASION FOR REPRESENTS 1.03% OF A TOTAL HISTRIONICS OR NATIONAL BUDGET OF GRANDSTANDING. THEREFORE $689,760,217.00. IN THE BEST TRADITION OF THE THE PROPER FUNDING OF OCCASION, I DO NOT INTEND THE JUDICIARY IS CLEARLY THIS OCCASION TO BE ANY RECOGNIZED IN THE DIFFERENT. CONSTITUTION OF BELIZE THE CONTINUING NEED FOR WHERE IT IS PROVIDED THAT RESOURCES FOR THE THE BUDGETS PRESENTED BY JUDICIARY THE SUPREME COURT AND THE ATTAINMENT OF COURT OF APPEAL SHALL BE NEARLY EVERYTHING IS NOW GIVEN FIRST PRIORITY CALL ON DEPENDENT ON THE THE CONSOLIDATED REVENUE AVAILABILITY OF THE FUND. NECESSARY FINANCIAL THE DEVIL HERE, AS RESOURCES. THIS IS SO EVEN ALWAYS, HOWEVER, IS IN THE IN THE FACE OF ECONOMIES IN DETAILS. IN THE DETAILED THE GRIP OF RECESSION. MUNITIAE OF THE PREPARATION IT IS AGAINST THIS OF THE OVERALL NATIONAL BACKGROUND BUDGET, IT IS PROBABLE THAT NOTWITHSTANDING THAT I SOME CLEAR AND LEGITIMATE CANNOT HELP BUT MENTION REQUIREMENTS OF THE THE NEED FOR FINANCIAL JUDICIARY WERE OVERLOOKED. RESOURCES AND OTHER I CAN ONLY CALL FOR SUPPORT FOR THE SYSTEM OF MORE CARE AND ATTENTION TO ADMINISTRATION OF JUSTICE. THE FINANCIAL RESOURCES IT HAS ALWAYS BEEN A NEEDS OF THE JUDICIARY. A CONSTANT LAMENT OF MINE ON PROPERLY FUNDED AND THIS OCCASION TO BEMOAN FUNCTIONING JUDICIARY IS, 5 Chief Justice Annual Report on the Judiciary of Belize 2009 AFTER ALL, PART OF THE AN ADDITIONAL JUDGE OF THE UNDERPINNING OF THE SUPREME COURT. I TAKE THIS STABILITY AND INDEED OPPORTUNITY, AGAIN, TO PROSPERITY OF ANY SOCIETY. WELCOME LEGALL J. HE HAS IN FACT I AM ADVISED BROUGHT MUCH NEEDED THAT FOR THE CURRENT YEAR RELIEF TO A BELEAGUERED THE JUDICIARY WAS JUDICIARY IN TERMS OF PRESENTED WITH A FIGURE LESSENING ITS CASELOAD. IN WHICH ITSELF IS A 10% THE SHORT TIME HE HAS BEEN REDUCTION ON LAST YEAR’S WITH US, HE HAS ATTENDED ALLOCATION AND TOLD TO FIT WITH DISPATCH TO HEARING ITS BUDGETARY AND DECIDING CASES. REQUIREMENTS INTO THAT THE APPOINTMENT OF FIGURE. THERE IS OF COURSE, LEGALL J. HAS BROUGHT THE THE ADMITTED ECONOMIC COMPLEMENT OF THE JUDGES RECESSION AND THE OF THE SUPREME COURT TO CONSEQUENT NATIONAL NINE, INCLUDING THE CHIEF FINANCIAL SHORTFALLS, WHICH JUSTICE. THIS HAS MARKEDLY NECESSITATES A BELT- IMPROVED, RELATIVELY TIGHTENING EXERCISE ACROSS SPEAKING, THE MAN-POWER THE BOARD. THIS IS SITUATION ON THE BENCH. AS UNDERSTANDABLE, BUT WE A RESULT, THE ISSUE OF MUST CAUTION THE NEED FOR DELAYED JUDGMENTS WILL, IT CARE SO THAT THE IS HOPED, NOW BE RARE. THIS ADMINISTRATION OF JUSTICE IS ISSUE WAS THE CAUSE OF NOT CRIPPLED. SOME FRICTION BETWEEN THE GEORGE WASHINGTON, BENCH AND SOME SECTIONS OF THE FIRST AMERICAN THE BAR. THIS RESULTED IN AN PRESIDENT, IS REPORTED TO UNPRECENTED STATEMENT HAVE SAID: “THE TRUE BEING ISSUED BY THE BENCH ADMINISTRATION OF JUSTICE IS LAST SEPTEMBER AS THE ISSUE THE FIRMEST PILLAR OF GOOD WAS SEEN AS AN ATTEMPT TO GOVERNMENT.” THIS IS A DESTABILIZE THE JUDICIARY. TRUISM TO WHICH TIME AND CONCERN WITH DELAY IN THE HISTORY HAVE ATTESTED TO IN ADMINISTRATION OF JUSTICE, THE LIVES OF NATIONS THAT INCLUDING DELAY IN THE ARE CONSIDERED STABLE AND DELIVERY OF JUDGMENTS IS, PROSPEROUS TODAY. WITHOUT DOUBT, A CAUSE FOR THEREFORE MONEY SPENT ON LEGITIMATE WORRY. BUT THE THE ADMINISTRATION OF ANSWER DOES NOT LIE IN SOME JUSTICE IS INVESTMENT IN ILL-ADVISED ATTEMPTS TO BOTH THE STABLITY AND SUBVERT THE JUDICIARY BY DEVELOPMENT OF BELIZE. OVERTLY TRYING TO NEW JUDICIAL APPOINTMENTS UNDERMINE PUBLIC LAST YEAR SAW THE CONFIDENCE IN IT. RATHER, A APPOINTMENT OF LEGALL J. AS MORE PRODUCTIVE AND 6 Chief Justice Annual Report on the Judiciary of Belize 2009 CONSTRUCTIVE APPROACH THEREFORE STANDS AT WOULD BE COLLECTIVELY TO FOURTEEN. SEARCH FOR AND FIND WAYS THIS, I MAKE NO OF ADDRESSING THE PROBLEM. APOLOGIES TO SAY, IS NOT A I TRUST THAT THIS IS NOW LARGE TASK- FORCE, ALL WATER UNDER THE BRIDGE. CONSIDERING THE NUMBER AND I AM HEARTENED TO SAY COMPLEXITY OF CASES, BOTH THAT THE ISSUE OF DELAYED THE SUPREME COURT AND THE JUDGMENTS IS NOW ALMOST COURT OF APPEAL, HAVE TO BEHIND US; ALL THE JUDGES DEAL WITH. ARE NOW CURRENT WITH SOME NUMBERS ON THE JUDGMENTS IN CASES THEY COURTS’ WORKLOAD HAVE HEARD IN THE PAST, THE NUMBERS TELL THE EXCEPT FOR THREE STORY: FOR 2009, A TOTAL OF JUDGMENTS FOR WHICH THE 1,116 CASES WERE COMPLETED. PARTICULAR JUDGES HAVE THESE NUMBERS INCLUDE PROMISED TO DELIVER THEM DIVORCE PETITIONS OF WHICH A WITHIN A MONTH FROM TODAY. TOTAL OF 255 WERE FILED IN THE ONLY JUDGMENTS WHICH 2009 AND 215 WERE DISPOSED ARE NOW DUE ARE FOR CASES OF IN THE COURSE OF THE WHICH WERE RECENTLY SAME YEAR. THE YEAR CONCLUDED IN 2009. I AM HOWEVER, SAW A SURGE IN THE ADVISED THAT PENDING NUMBER OF CASES FILED IN JUDGMENTS IN THESE WILL BE THE SUPREME COURT. FOR THE DELIVERED BEFORE THE END FIRST TIME THE NUMBER OF MARCH THIS YEAR. EXCEEDED 1,000 CASES, I TAKE THIS OPPORTUNITY REACHING A FINAL TALLY OF AS WELL FORMALLY TO 1,054. THIS INCREASE NO WELCOME ON BEHALF OF MY DOUBT UNDERSCORES THE COLLEAGUES IN THE SUPREME INCREASINGLY LITIGIOUS COURT AND ON MY OWN NATURE OF BELIZEAN SOCIETY PERSONAL ACCOUNT, THE IN AN ENVIRONMENT IN WHICH APPOINTMENT LAST YEAR, OF PEOPLE ARE BEING EVER-MORE MR. DENYS BARROW AS A CONSCIOUS OF THEIR RIGHTS JUSTICE OF APPEAL OF THE AND READY TO USE THE COURT COURT OF APPEAL. SYSTEM TO VINDICATE THEIR MR. JUSTICE BARROW’S CLAIMS. APPOINTMENT BRINGS THE COMPLEMENT OF JUDGES IN ON THE CRIMINAL SIDE, THE COURT OF APPEAL TO FIVE. THE SUPREME COURT THE TOTAL COMPLEMENT DISPOSED AS WELL, OF 191 OF JUDGES FOR THE SUPERIOR CASES TRIED ON INDICTMENT COURTS IN BELIZE, THAT IS, THE FOR 2009. THE SPIRALLING SUPREME COURT AND THE CRIME RATE HAS RESULTED IN COURT OF APPEAL, PRESENTLY THE SUPREME COURT FOR THE FIRST TIME, SITTING IN ITS 7 Chief Justice Annual Report on the Judiciary of Belize 2009 CRIMINAL JURISDICTION THEY HAD ATTAINED THE ALMOST SIMULTANEOUSLY IN PRESCRIBED AGE FOR THE THREE DISTRICTS OF THE RETIREMENT. THEIR DEMITTING CENTRAL, SOUTHERN AND OFFICE WITHOUT IMMEDIATE NORTHERN. THE AVAILABILITY SUITABLE REPLACEMENTS OF JUDGES MADE THIS WOULD HAVE HAMSTRUNG THE POSSIBLE; OTHERWISE CASES HEARING OF CASES, WOULD HAVE HAD TO BE ESPECIALLY OF CRIMINAL TRAVERSED FROM ONE CASES ON WHICH THESE TWO SESSION TO THE OTHER JUDGES ARE PRESENTLY THEREBY FEEDING INTO A DEPLOYED. BURGEONING BACKLOG OF I TAKE THIS OPPORTUNITY CASES. AS WELL TO RECORD OUR FOR THE SAME PERIOD, GRATITUDE TO THE THE COURT OF APPEAL HEARD COMMONWEALTH AND DETERMINED A TOTAL OF SECRETATRIAT IN LONDON IN 71 CASES, INCLUDING BOTH AGREEING LAST YEAR TO CRIMINAL AND CIVIL APPEALS. EXTEND THE SERVICES OF SIR IT CAN THEREFORE, BE JOHN MURIA AS A JUSTICE OF SAID THAT THOUGH BELIZE, THE SUPREME COURT FOR A FROM THE EMPIRICAL FURTHER TERM.