By Grace Q. Bryant
Grand Gee County Judge George Smith has called on judges and magistrates to desist from every form of protest action and urged that they should be the ones to interpret the law.
Speaking recently in Grand Gee County, Judge Smith noted that the issue of poor judicial remuneration is an aged-old one with the problem exacerbated after the passage of the Remuneration Standardization Act (2019).
He said consequently, judges and magistrates overwhelmingly resolved on June 12, 2021 to shut the courts down thereby resisting resolutions issued by Government.
However, the Circuit Court Judge said it is beneath the dignity of judges to resort to strike action pointing out, “Some of us judges opted to resort to the rule of law in resolving the unconstitutional reduction of our compensation. This avoided a planned boycott action.”
“Judges and or magistrates should not be involved in protest actions like strike and boycott. We, as priests of justice must be the ones declaring what the law is. Happily, all of us judges and magistrates have now resolved to use the law in resolving the issue of the unconstitutional cutting of our compensation,” he reiterated.
He further explained that any lawsuit regarding constitutional protection of judicial compensation, a foundation for judicial independence, the rule of law, business investment, economic development and national prosperity, the real lead petitioner of that lawsuit is the leader of Liberia, the Liberian Presidency, because judicial independence is not for the protection of judges, though it is often thought of in that context today.
“The principle of judicial independence is designed to protect our system of justice and the rule of law and thus maintaining public confidence in the courts. With judicial independence, the winners are everyone. The President leads everyone who enjoys those benefits that derive from judicial independence,” he maintained.
According to him, Liberia adopted said compensation protection clause from Article III of the US Constitution in Article IV, Section I of Liberia’s 1847 Constitution and also from the revised 1986 Constitution.
Therefore the judicial compensation protection clause is so essential to national development such that from 1789 when the US Federal Government was born up to 2022, the salaries of Federal judges were at no time cut, even during difficult economic times like economic recessions and the “Great Depression.”
Instead, their salaries have always been adjusted and increased to counter inflation as contemplated by the framers of the US Constitution in 1787.
He explained that though the legal and judicial system is patterned after that of the US’s, particularly the judicial constitutional compensation protection clause; yet, Liberian judges are remunerated less than those in the Legislature and Executive.
“Also, instead of adjusting our compensation to counter inflation as constitutionally required, the Government further unconstitutionally diminished the dollar amount of said compensation.
Further, notwithstanding the Judiciary Financial Autonomy Act passed by the Legislature, an act aimed at ameliorating the conditions of judges, the Government, particularly the Executive, ignores this law. All these undermine judicial independence and the benefits attached thereto,” the judge reiterated.
