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Supreme Court Acknowledges Challenging Time As Justice Ja'neh The JudicJanuary - March 2019 ar Vol. 1. Issue: 5 y Supreme Court Acknowledges Challenging Time as Justice Ja’neh Faces Impeachment he Supreme Court of Liberia has Chief Justice Francis S. Korkpor, Sr.’s statement about the Court, is unprecedented in the history of our country.” acknowledged that it is experiencing what it challenges the high court of Liberia is going through was “To the best of my recollection,” Chief Justice Korkpor calls “a challenging time.” in clear reference to the impeachment proceeding against noted, “no impeachment proceeding in our nation has In the address delivered at the opening of the the most senior associate justice on the Korkpor Bench. March 2019 Term of the Supreme Court, the According to the Chief Justice, “the impeachment trial Chief Justice of Liberia said “it is no secret that this court going on at the Liberian Senate involving Mr. Justice Tis going through a challenging time.” Kabineh M. Ja’neh, a member of this SEE PAGE 2 Training critical for functional Judiciary …Justice Minister asserts prosecutors. Responding to the address of Chief Justice Francis S. Korkpor, Sr. at the opening of the March 2019 Term of he Minister of Justice/Attorney General of the Supreme Court on Monday, March 11, 2019, Cllr. the Republic of Liberia says the Ministry Dean agreed that the proceeding against Justice Kabineh welcomes the training of judicial officials, Ja’neh was unprecedented, adding that these are indeed especially magistrates at the James A. A. challenging times for the Judiciary. Pierre Judicial Institute at the Temple of He however expressed confidence that with divine Justice in Montserrado County. providence, the process-the impeachment proceeding- TJustice Minister, Cllr. F. Musa Dean, emphasized that would be steered along a safe path, that justice will in order to have a functioning and credible judicial ultimately be served. system and increase access to justice, those responsible “During our response at the October Term of this court,” for dispensing justice must have the requisite training, Cllr. Dean reminded the Supreme Court, “we told education and skills to understand and apply the law. you that we were reviewing various provisions of the Cllr. Dean stated that the Ministry of Justice will Criminal Procedure Law with the aim of introducing continue to compliment the training efforts of the amendments to ensure the efficient delivery of justice to Judiciary with the quarterly workshops and other our people, vital to enhancing access to specialized trainings in the legal field for state SEE PAGE 2 CLLR. FRANK MUSA DEAN JudicThe ary | 2 Supreme Court Acknowledges Challenging Time as Justice Ja’neh Faces Impeachment taken on the form of a full blown trial of judicial complexes, the training and democracy and the sustenance of its peace and cooperate with the court as long as before the Senate.” pending graduation of more associate and security. it performs its duty as the custodian of He told the guests at the Supreme Court magistrates, the training of judges and He promised that the LNBA will support democracy, peace and security in Liberia. opening ceremonies at the Temple of support from friendly governments and Justice in Monrovia, that his role as the organizations, as well as the critical issue presiding officer is mandated by the of the impeachment proceeding. Training critical for functional Liberia Constitution at Article 43. In response to the Chief Justice’s address, justice and the rule of law.” Article 43 of the Liberian Constitution the National Bar Association praised the The Justice Minister disclosed that the states in relevant part that “…When the Supreme Court for the many progress process was well underway and would President, Vice President or an Associate made in the various areas reported soon reach the level of validation. Justice is to be tried; the Chief Justice shall and lauded the Swedish Government, Meanwhile, Cllr. Dean used the occasion preside….” other friendly governments, UNDP and to call on judges of the various courts Speaking further to really clarify and organizations assisting the Judiciary. and lawyers to emulate the example of make the public understand fully what The President of the Liberia National the Commercial Court by taking full is obtaining, Chief Justice Korkpor Bar Association, LNBA, Cllr. Tiawan advantage of chapter 12 of the Civil explained that the Liberian Senate tries S. Gongloe said the Bar agreed that Procedure Law relating to pre-trial the proceeding and is the sole judge of the Supreme Court is going through a conference. motion without a formal hearing and may whether or not the Justice has committed challenging period. “This provision allows the judge working refer lawyers filing frivolous motions and an impeachable offense. Cllr. Gongloe noted the challenging period with the lawyers to simplify the issues to claims to the disciplinary committee of Since the Constitution provides that the Supreme Court is going through be decided, limit the number of witnesses, the BAR. such impeachment trials be conducted results from efforts by some members of dispose of cases fairly and quickly, These reforms combined with training in keeping with due process, the Chief the House of Representatives to impeach ultimately dispensing justice more of magistrates, city solicitors and other Justice’s role, as a presiding officer is to Associate Justice Kabineh Ja’neh. efficiently and reduce the court’s docket.” judicial officers will go a long way in ensure that the trial is in keeping with “The impeachment of Justice Ja’neh is According to the Attorney General, improving the Judiciary and enhancing due process of law as constitutionally the second time that a member of the “the BAR must play a leading role for access to Justice, Cllr Dean stressed. mandated. Supreme Court bench has gone through developing training programs for lawyers The Justice Minister formally Despite such constitutional mandate, an impeachment proceeding.” and must set up a system to monitor the congratulated Cllr. Tiawan Gongloe for Chief Justice Korkpor said he has heard The LNBA president named Chief Justice performance of lawyers. Lawyers who his election as President of the Liberian and read and continue to hear and read Chea Cheapo as the first member of the are found wanting in knowledge and National Bar Association, LNBA, adding many accusations, innuendoes and court to have been impeached almost experience of the law must be made to that he found him to be a man of proven speculative views about his role in the unanimously by the Senate in 1987. submit to the tutelage of more experienced integrity and with fine character, qualities impeachment process. According to Cllr. Gongloe, the Samuel and knowledgeable lawyers.” very rare in Liberia today. “And some of these comments are coming Doe regime refused the resignation of “The proliferation of lawyers without the Considering Cllr. Gongloe’s experience from people who ought to know better” he Chief Justice Cheapo and impeached him proper skills if left unchecked, will pose as a practicing lawyer and his years of added in his usually calm tone. for detaining Judge Harper Bailey. a danger to the populace,” Cllr. Dean service at the Justice Ministry, Cllr. Dean The Chief Justice maintained that he He further noted that the current maintained. said the new Bar President has a unique will for now refrain from making any impeachment trial is not only challenging, On another issue, Minister Dean urged perspective of the challenges of the noble, substantive comments regarding his role, but troubling because it has the potential courts to discourage the filing by lawyers legal profession and the Judiciary. as the matter is being tried; but assures to lower the bar of impeachment and that of unmeritorious claims and suits. Cllr. Dean expressed confidence that Cllr. that the truth will emerge in the end. it may serve as a precedent for the easy Cllr. Dean wants lawyers filing motions Tiawan Gongloe’s leadership at the LNBA Among the several issues reported by the impeachment and removal of elected and intended to delay cases berated, shamed will bring integrity and even temperament Chief Justice at the Opening of the March other high officials of government. and rebuked by judges, noting that the to the Bar and in so doing will build on 2019 Term of the Supreme Court, were Cllr. Gongloe reminded the Supreme practice of holding a hearing for every the achievements of his predecessor and the appointment of judges to subordinate Court, that the Judiciary is the only motion or application must be abandoned. increase the activities and workings of the and specialized courts, the construction source of hope for the survival of Liberia’s He suggested that a judge can rule on a Bar. JudicThe ary | 3 The RECOMMIT TO PUNCTUALITY Judic ary Justice Yuoh Admonishes Judges and Lawyers EDITORIAL Advancing Freedom of Information and the Right to Know The Judiciary Branch of the Liberian Government is the final arbiter of constitutional issues and exercises final appellate jurisdiction in all cases whether emanating from courts of records, courts not of records, administrative agencies and so forth. Since its creation, ordinary Liberians have had embers of the national bar for the procurement of National Trial Judges their professional licenses, because difficulty understanding its functions. Association and lawyers the Supreme Court will not admit any In light of this difficulty, the Judiciary under the practicing before the attorney to its Bar without meeting the administration of Chief Justice Francis S. Korkpor, Sr. Mseveral circuits in Liberia have been basic requirements and being in good admonished to recommit themselves standing with both the local and the has established the Public Information Department to being studious, punctual, analytical national bars.
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