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Home > Judicial Vacancies > Vacancies in the Court of Appeal > Guide for Referees for Chief Justice and Justice of Appeal

SUPREME COURT OF BARBADOS

APPOINTMENT TO THE OFFICE OF CHIEF JUSTICE AND JUSTICE OF APPEAL

GUIDE FOR REFEREES

All completed assessment forms should be sent directly to the Secretary of the Judicial Appointments Committee
Please be advised that Referee Assessment Forms will be sent only to Referees of shortlisted persons.

PART 1

1. INTRODUCTION

1.1. The purpose of this guide is to assist those to be consulted [referees] in respect of an application for judicial appointment.

Part 1

This gives a brief outline of the contents of the Guide.

Part 2

This outlines the criteria that a candidate must satisfy before the Judicial Appointments Committee will consider him or her for an appointment to the Court of Appeal.

Part 3

This provides information on how the Judicial Appointments Committee would like you to provide your written comments on candidates. It is in a common report format for comments and provides information on the classifications, which the Judicial Appointments Committee asks that you adopt. It also contains contact details for the Secretary of the Judicial Appointments Committee.

Part 4

This contains the annex – the Assessment Form.

1.2 Referees are requested to ensure that they read and fully understand the contents of this guide before they complete their assessment forms and return them to the Secretary of the Judicial Appointments Committee. The forms should be submitted by the referee themselves and not through the candidate despite the fact that it would have been sent to you by the applicant.

PART 2

2. THE CRITERIA

2.1 The Judicial Appointments Committee will recommend for appointment the candidate who appears to be best qualified, with reference to the stated criteria, regardless of gender, ethnic origin, marital status, sexual orientation, political affiliation, religion, or disability, except where the disability prevents the fulfilment of the physical requirements of the office.

Each application is considered solely on the established merits of the candidate alone.

Legal Knowledge and Experience

Successful candidates will have attained:

[a] A high level of understanding of the principles of law and jurisprudence.

[b] A comprehensive knowledge of the rules of evidence and of court practice and procedure.

Skills and Abilities

[a] Sound judgment, being able to:

  • exercise discretion effectively
  • apply knowledge and experience to make decisions which are in compliance with the law and appropriate to the circumstances of the matter in hand; and
  • consider arguments and reason logically to a balanced conclusion.

[b] Intellectual and Analytical Ability, being able to:

  • listen and concentrate for long periods of time, understand and assimilate facts and arguments, and recall evidence and information speedily and accurately.
  • apply legal principles to particular facts and to determine from a large body of information those issues and facts which are relevant and important and those which are not.
  • weigh relevant issues and matters of law in order to be able to formulate them for reasoned and coherent presentation.
  • being able to apply the law creatively.

[c] Decisiveness:

Having the ability to reach firm conclusions [often at speed], to think, decide and act independently of others, and to rely on their own judgment.

[d] Communication Skills:

Being able to communicate effectively with all types of court users including lay people [whether defendants, witnesses, members of a jury, litigants in person or children], giving instructions, explaining complex issues and giving decisions in judgments clearly and concisely, both orally and, where necessary, in writing.

[e] Authority, being able to:

  • command the respect of court users and to maintain fair-minded discipline in the court and chambers without appearing pompous, arrogant or overbearing; and/li>
  • promote the expeditious dispatch of litigation, preventing unnecessary prolixity, repetition and irrelevance whilst ensuring that all parties [whether represented or not, and including children] are able to present their case or their evidence as fully and fairly as possible.
  • keep abreast of legal developments and court technology.

Personal Qualities

[a] Integrity

  • Having a history of honesty, discretion and plain dealing with professional colleagues, clients and the courts.
  • Possessing independence of mind and moral courage, being prepared to take and maintain unpopular decisions when necessary; and
  • Having the trust, confidence and respect of others.

[b] Fairness

  • Being open-minded and objective, with the ability to recognize any personal prejudices and to set them aside; and
  • Being able to deal impartially with all matters which come before them and ensure that all those who appear before them have an opportunity for their case to be clearly presented and that it is then considered as fully and dispassionately as possible.

[c] Understanding of People and Society

Having knowledge and understanding of, and respect for, people from all social backgrounds, being sensitive to the influence of different ethnic and cultural backgrounds on the attitudes and behaviour of people whom they encounter in the course of their work.

[d] Maturity and Sound Temperament

  • Displaying a maturity of attitude and approach; and
  • Being firm and decisive while remaining patient, tolerant, good-humoured and even-tempered.

[e] Courtesy and Humanity

  • Being courteous and considerate to all court users and court staff; and
  • Having and conveying understanding of the needs and concerns of court users, as appropriate, and being sensitive and humane.

[f] Commitment

A commitment to public service and to the proper and efficient Administration of Justice, which they pursue conscientiously, with energy and diligence.

PART 3

3. RECORDING COMMENTS

General

3.1 All referees are asked to provide substantive written comment about the candidate’s skills and abilities on the Assessment Form enclosed with this Guide. If there are insufficient copies of the assessment form for your needs, please photocopy one of the originals, or, if you prefer, contact the Secretary of the Judicial Appointments Committee.

3.2 If it is not convenient to use the form supplied, please express your views in a letter. However, the Judicial Appointments Committee would find it most helpful if you addressed all of the criteria outlined in paragraph 2.1 and include the information requested on the form.

Marking

3.3. The Judicial Appointments Committee will have regard to the criteria at paragraphs 2.1 when considering an application. You are asked for a marking in relation to each of these criteria, in accordance with the following scale:

[1] Not demonstrated
[2] Insufficiently demonstrated
[3] Demonstrated
[4] Well demonstrated
[5] Very well demonstrated

3.4 The Judicial Appointments Committee has emphasised that it will place more weight on particularised comments [see paragraphs 3.6 to 3.9] and, in order to ensure that applicants are judged by different referees on the same basis, has asked that all referees use the following overall classifications:

[A] Well suited for appointment
[B] Suited for appointment
[C] Not yet suited for appointment
[D] Not suited for appointment

Ranking

3.5 In a highly competitive situation like this, it would be very helpful to the Judicial Appointments Committee to be given a ranking of the leading candidates. The Judicial Appointments Committee asks that all referees give an order of preference for those candidates in respect of whom they award an A marking.

Comments

3.6 The Judicial Appointments Committee emphasises that comments on an applicant’s suitability or otherwise for appointment to the High Court must be fully supported by detailed reasons.

Any comments on an applicant’s suitability or otherwise for appointment to the High Court which are not supported by detailed reasons will be disregarded.

3.7 The Judicial Appointments Committee emphasises that the weight attributed to a referee’s opinions will depend on how particularised they are and how familiar referees are with the sources of their information.

3.8 The Judicial Appointments Committee requests that you give details of your knowledge of the candidate – whether it is through their judicial work or through their practice; and whether you have any other connections, such as chambers or professional associations. You are also required to give an indication as to how frequently you come into contact with the candidate and how recent is your knowledge of him or her.

3.9 The comments, classifications and rankings that you provide may assist the Judicial Appointments Committee to determine how a candidate ranks. Referees must assess each candidate’s suitability against the criteria for appointment. You are asked to be objective in your assessments and to provide reasons in support.

Allegations of Misconduct

3.10 The Judicial Appointments Committee requests that referees’ views should be expressed fully and frankly. Any known misconduct on the part of an applicant must be disclosed and particularised. Any reservations and recommendations should also be indicated. In considering the views that are expressed the Committee will attach no weight to un-particularised allegations of misconduct. The Judicial Appointments Committee wishes to consider only specific allegations of misconduct in their full context, including the views of the applicant concerned. If a specific allegation of misconduct against an applicant is made, the Committee will send details of the allegation to the applicant, to enable him or her to comment on the allegation.

3.11 The foregoing applies only to specific allegations of misconduct; it does not apply to more general reservations expressed about an individual’s professional abilities and qualities. For practical purposes, ‘misconduct’ refers to conduct which, if the allegation were substantiated, would be regarded by a professional Association as an infringement of the relevant principles of professional conduct; and/or might, prima facie, cause the Judicial Appointments Committee to consider whether to initiate disciplinary proceedings, where the person concerned is a holder of a relevant judicial or legal office.

Returning your Completed Assessment Forms

3.12 All completed assessment forms should be sent directly to the Secretary of the Judicial Appointments Committee on or before 18 September 2020.

3.13 You may return your completed signed assessment forms by hand delivery, post, courier or scanning and emailing to supremecourt.jac@barbados.gov.bb. If you send your forms by post, you should allow enough time for delivery before the deadline identified above.

3.14 The Secretary of the Judicial Appointments Committee will normally issue an email acknowledgement confirming the receipt of your comments.

Contact Information

3.15 All communication and enquiries in relation to your assessment should be forwarded to the Secretary of the Judicial Appointments Committee at the following address:

Miss June Christian
Recording Secretary
Judicial Appointments Committee
Room 12, Jones Building
Webster’s Business Park
Wildey, St. Michael
Barbados
Tel No.: 1-246-535-0445
Email: SupremeCourt.Jac@barbados.gov.bb

Please note that all written communication should be submitted, under confidential cover and hand delivered or sent by post, courier or email.