By Grace Q. Bryant
Criminal Court ‘E’ Judge Mardea Tarr Chenoweth has warned Judges, Magistrate, and Justices to handle electoral disputes with care and impartiality in order to maintain peace and harmony.
Judge Chenoweth spoke on Monday,August 14, during the official opening of the Circuit Courts; A, B, C, D, & E at the Temple of Justice under the topic :The Need for an Independent Judiciary in Contemporary Liberia Should judges be independent?
Judge Chenoweth said when people have confidence that disputes arising out of elections in the country will be timely and impartially heard by the courts, they will have no reason to turn to violence, even when provoked.
She also called on the Judiciary support staff; clerks, bailiffs, sheriffs, and other administrative staff to be neutral in these elections, noting that judicial staffs are free to vote for their candidates of choice, but whatever they do, should uphold the dignity of the court.
According to her, the requirement that judges be impartial is the bedrock of the system of jurisprudence, therefore Judges should always keep an open mind in deciding matters, free of personal opinions or campaign promises.
Judicial Canon 37 of the Judicial Canons of the Republic of Liberia provides that: “While a judge is entitled to entertain his personal view of political questions, and it not required to surrender his rights to or opinion as a citizen, it is inevitable that suspicions of being warped by political bias will attach to a judge who becomes an active member of a political party and promoter of its interest as against another, especially those of our judges of the highest courts who by constitutional command are empowered to review and determine electoral issues under the multiparty system introduced by the 1986 Constitution . Judges should neither accept nor retain a place or any party committee nor act as party leader or generally engage in party activities”
She added that the Judicial Canon Thirteen-Seven further states that: “A judge should not appear at political meetings and indicate support of each candidates for political office (10r should he permit his wife to give political
teas). “
Articles 77 through 84 of the Liberian Constitution confer on the Supreme Court of Liberia the power to review and finally determined electoral issues
and disputes tender the multi-party system; Sucli issiues as protest against membership in political parties, denial of regis traitor of political parties,
Election contests, appeals from violations of election laws, etc. It would therefore be embarrassing to the Justices of the Supreme Court upon a review and determination of issues involving political parties if they are members of any.
It is therefore important that while a Justice of the Supreme Court of Liberia is entitled to entertain his personal view of political matters, and while he is not required by the Statute Law to surrender his rights as citizens , it would however be in his best interest and for the public good that upon his appointment to that belt of honor even as a Judge, Magistrate or Justice of the Peace, that the publicly resign his political affiliation, whatever political party of which he was a member prior to his elevation”.
“ It is important in a democracy, like ours, that individual judges and the judiciary as a whole be impartial and independent of all external pressures so that those who appear before the courts and the wider public can have confidence that their cases will be decided fairly and in accordance with the law,” she noted.
Judge Chenoweth said, “We expect that our judges and magistrates will not attend meetings of any political party, nor wear any paraphernalia, such as t-shirts or caps belonging to political parties,”
Noting that there are instances where magistrates have resigned to contest for political positions, and in some instances, they have won. “If you are a magistrate or a judge and intent to run for any position this year, or campaign for your friend or relative, the honorable thing is to resign,” she maintained.
“When the law says remain neutral, it also means that you don’t openly or clandestinely lend support to any individual politician or political party,” she continue.
She furthered that the decisions of the courts cannot be inspired by partisan objectives and the Judiciary must not be political and must remain inherently different from the other two branches of government.
She called on those who are aspiring for political positions in the Executive and the Legislature must be told in a loud voice that it is the electorates that decide those who win election in this country and not the courts. It will, therefore, be an illusion for any candidate to think that the Judiciary will validate any election result that will be a product of fraud.
“When judges stray from the rule of law, they become a problem and not a solution. I admonish all of you judges, including justices of the Supreme
Court, that as pillar of the stability of this country, we should remain mindful and focused on our responsibility to this State,” she emphasized.
Judge Chenoweth noted that the public expect the Judiciary to be independent, stressing that the Supreme Court should handle cases without using partisan lenses, but do so solely on the basis of sound legal reasoning.
