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Of course, faithful to the judges code, Justice Mottley didn't make a public fuss - and we were all left to wonder until the special sitting to mark his departure was held this afternoon. Some of the speakers were referring to his retirement while others spoke of resignation. So which is it, retiring or resigning? That question need not be asked again as Mottley effectively put an end to all the speculation. Jules Vasquez was there:…

Jules Vasquez Reporting
The bench and bar crowded into the country's biggest courtroom this afternoon to see off President of the Court Of Appeals Elliott Mottley.

It was without the usual grace and goodwill of a judicial sendoff because of the swirling rumors that the president of the last 6 years and member of the court for 12 years is not happily retiring; he is willfully leaving, to the interpretation of some, scandalized by circumstances brought on by the government when it - without notice - abridged his tenure from lifetime to one year. He ended the speculation with finality by explaining that he became aware of it in August - and that led directly to his departure:

Justice Elliott Mottley, President of the Court Of Appeals
"It was in August of this year that the former Chief Justice Conteh brought to my attention the amendment to the constitution. It was then that I discovered that the terms and condition of my appointment as president of the Court of Appeal of Belize had been unilaterally altered and this was done without my knowledge and consent. Once I became aware of this I determined that I will resign my position as president of this court. I will say no more on that."

Now that's an unseemly departure! And Justice of Appeal Barrow who shared the bench in Mottley's court for a little over a year - agreed that for the judiciary this is a tender time.

Justice Denys Barrow, Justice of Appeal
"And then there are times such as the present when reports in the media of developments concerning the judiciary, commentaries upon them, and speculation as to further developments - with or without a political twist - all combine to make the judiciary a hot topic. The announcement by the President of the Court of Appeal, the Honorable Elliott Mottley that he is resigning with effect from the end of the year was not foretold and has been used as fuel for the commentators' fires. It is especially in times like these of heightened attention that judges need to be true to the judicial character."

And despite the feeling of dis-ease about the circumstances of his departure and the state of flux generally in the judiciary which is now absent a tenured Chief Justice and must now look for a president of the court of appeals, the leaders of the judiciary made it clear that Mottley made a mark:

Justice Dennis Morrison, Justice Court of Appeal
"My Lord Mottley has brought to bear an equally outstanding civility - a quality of which it is sometimes, perhaps oftener than not - these days all too easy to lose sight of. For my lord even if it is by the lacerating intellect, the wounding potential of the cut and thrust of argument and the tactical feints and jabs of the adversarial rule that the success of counsel is often measured in the eyes of the public. It is surely by this quality of civility that our profession can best be distinguished."

Justice Denys Barrow, Justice of Appeal
"Justice Mottley was unceasingly humble in his dealings with all manner of persons even while he was being firm and protective of the authority and dignity of the court."

Ms. Naima Barrow, Vice President Bar Association
"We are grateful Justice Mottley for having have the benefit of your time and dedication for all these years and can never properly express our gratitude for your role as one of the guardians of justice in Belize. Belize is forever indebted to you for your contribution for the growth of our judiciary and the resulting growth of our country."

Hon. Bernard Q.A. Pitts, Attorney General
"You are a legal giant. Our Prime Minister and the government and people of Belize are extremely thankful for the service which you have provided."

Justice Denys Barrow, Justice of Appeal
"It seems to me that what the judiciary and the society now need are the calm composition and restraint that Justice Mottley has personally practiced, and with which he has presided over the motley court. In these times of uncertainty which so often accompanies change, Justice Mottley is leaving with the certainty of his example of what a good judge should be by the qualities he has constantly showed."

Justice Elliott Mottley, President of the Court Of Appeals
"I leave you with knowledge as I said that the court of appeal is in safe hands and I wish to thank you all for all the support that you have given me and especially to my comrades, my brother judges here, judges of the high court and the judges of the court of appeal."

71 year old Mottley's resignation takes effect at the end of the year. The government has not indicated how it will fill the vacancy - whether one of the remaining judges will be elevated, or whether a new judge will be sought.