The announcement that the Prime Minister and the Attorney General were elevated to Senior Counsel has sent ripples through the legal profession and is threatening to further close the gap between the Executive and the Judiciary. By making what is an honor bestowed on a career of substance and excellence into a seemingly political reward, this could well have the effect of influencing behaviors in pursuit of the title, thereby cheapening the status of all who have been recognized prior for work of such calibre that it required recognition among their peers, and may have created a shortcut for the ambitious and the cunning alike.
Make no mistake, this in no way intends to cast aspersions on any who have received the honor but it is my opinion that a terrible disservice is being done to the profession and were I to advise those who may have received the honor ‘out of time,’ perhaps the most prudent course of action may well be to give it back. Sitting Judges should have no use for the title so what could be the point of the award? Surely we have National Awards for precisely this purpose and perhaps this may have been the way to go if recognition for service was the intention.
With regard to sitting politicians being conferred the title while they can make no use of it is a perversion in my opinion and again I question what thinking if any goes into these harebrained schemes of self glorification. It cannot be conferred onto himself by himself and still remain an honor, and while this may have no meaning to those to whom things like honor have no value, there are many to whom it does, and this action is having the follow on effect of cheapening the title held by all.
Former Independent Senator and President of the Law Association Dana Seetahal ended her column on the issue with the following: “The question that is now to be considered is whether in the interest of transparency and fairness in today’s world the current system is acceptable as a measure of professional excellence. If we believe it is not what is to replace it and who should be the persons eligible for consideration. Should all senior lawyers be entitled to apply or only those in actual practice? What about sitting judges? Should they automatically on appointment be given silk in recognition of the fact that the status of a judge ought to be at least equivalent to that of Senior Counsel? These are matters that the legal profession, the Judiciary and the executive must consider.”
That such a paragraph could conclude what was otherwise a piece heavy on definitions and origins is very telling and mirrors the almost unanimous national response.
University Lecturer and Lawyer Clarence Rambharat said in his - “The country must challenge the AG and PM to produce evidence of the PM’s “high quality practice”? Where is the list of “demanding cases” in which the PM acted as advocate? Where is the evidence of the PM’s “professional eminence and distinction” in the legal profession and her “sound intellectual ability”? Where is the evidence of the PM’s “outstanding ability as an advocate in the higher Courts”?”
That is not an idle question and in this instant quite possibly the meat of the matter. Without clear guidelines as to the awarding of the auspicious title, what is to prevent this country’s favorite pastime, corruption, from rearing its ugly head? Who is to answer to the Judges who were NOT elevated, what could be the reason for being left behind, what mark did they not hit or what criteria did they miss?
I have said time and again that this government is floundering for a lack of advice in critical issues and their knee jerk responses and government by vapse handling of what are otherwise major national issues is contributing to the clear decline in many of our institutions. I am not qualified to say what exactly is the damage that has been done or how to rectify it if any has, but I am of the firm view that the Judiciary and the Legal Service Association needs to take steps to distance themselves from any further machinations of this self serving crew before we’re left with nothing but misfits and mayhem in the ward rooms of our ship of State.
