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8 years after Imbert's promise, still no financial autonomy for Judiciary - Trinidad and Tobago Newsday

FINANCIAL autonomy for the Judiciary is a recurring appeal made by Chief Justice Ivor Archie at the beginning of the law term each year.

Finance Minister Colm Imbert promised it in 2015, but it is yet to materialise.

The Judiciary's finances are currently managed by the Government, which Archie calls "those who control the purse strings."

In fact, Archie mentioned it again at the opening of the 2023/2024 law term on Friday as well as another major hurdle of being allowed full autonomy to hire specialised staff and offer competitive salaries.

This is one reason he gives for the Judiciary not fulfilling as much as it would like to. He has referred to the situation as "an erosion of judicial independence."

Some of the challenges include staffing woes - recruitment and retention - as well as case delays and backlogs.In the Judiciary's 2020/2021 report, it said there were 5,992 pending cases at the Civil High Court, and 10,507 pending non-contentious probate matters.

A total of 1,278 remained pending at the Criminal High Court, 8,424 at the Family Court, 1,057 at the Children Court and 3,902 appeals at the Court of Appeal.

Some of those pending cases had been over a decade old.

In 2015, in the 2016 budget, Imbert said the government would assist the judicial system by introducing video conferencing at Remand Yard and a pilot project in which lay magistrates will address minor offences to "reduce the burden" on the magistrates courts.

But he also said, "Most importantly...to improve the efficiency of the administration of justice, we intend to give the Judiciary the financial autonomy that it has asked for, for so many years, coupled with the ability to manage its own resources, projects and programmes."

He promised "detailed consultation" in 2016 "to achieve consensus on practical and workable mechanisms."

In 2016, Archie said Imbert's declaration was "an encouraging sign," but warned the transition could not be achieved overnight.

"The capacity to handle full autonomy in an appropriately accountable manner requires, among other things, amendments to relevant legislation, increased capacity and control over hiring and human resources and engagement of all stakeholders including representative unions."

But he said the conversations had started, and "concrete steps" were made on short-term measures, hoping the change could be completed by 2018.

In 2017, the Judiciary was short of six statistical clerks, which he said was because of "the powers that be." He said the Judiciary should be able to control its human resources "as a necessary adjunct to financial autonomy."

In 2018, Archie said at the core of the Judiciary's strategic realignment was a 2016 document on its financial and administrative authority, on which the executive and the Judiciary had agreed, "as it does require significant structural adjustment and some legislative reform...we are already committed to this course."

But he addressed the topic again in 2019, asking why there had been no progress "despite the absenc

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