7 News Belize

Split Decision in Bar Assoc Vs. JLSC
posted (June 15, 2020)
Back in February, before the coronavirus inflicted the world's populations, it was big news when the Bar Association of Belize sued the now-retired Chief Justice Kenneth Benjamin.

For almost 2 years, the Chief Justice, as the Chair of the Judicial and Legal Services Commission, refused to allow the DPP to take her seat on the Commission as the duly-elected President of the Bar Association.

His position was that while she is the president of the Bar, she cannot sit on the Commission because she is also a public servant.

The Bar completely disagreed with that position, and earlier this year, they launched a claim against Chief Justice Benjamin, the Solicitor General, the Chairman of the Public Services Commission, and the Attorney General, who are all members of the JLSC.

Well, last week Wednesday, Acting Chief Justice Michelle Arana delivered her judgment in the case.

In her ruling she says, quote, "I agree, in part with the submissions made on behalf of the claimant, as well as the submissions made on behalf of the defendants… I find that… removing the president and banning her from meetings of the Commission, without first giving her an opportunity to defend her position, is completely disrespectful and unacceptable..." End quote.

But, the Acting Chief Justice also found fault with the way the Bar handled the retired Chief Justice's error.

In her ruling she also says, quote, "I find that the Bar Association is itself not without blame. It is clear that the Bar… then proceeded to sit on its rights for almost 2 years... No explanation for this delay has been provided to this court. I find that the delay in bringing this action in these circumstances is highly unreasonable, and it is on this basis that the relief sought by the Bar Association is denied." End quote.

She also found favor with the submissions from the attorney for the Judicial and Legal Services Commission that sufficient quorum was established at all the Commission's meetings, even without the DPP being present in the meetings.

For these reasons, she dismissed the Bar Association's Claim, and the litigants must bear their own costs in the lawsuit.

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