Wed | May 15, 2024

Traffic court judge orders family court judge to promptly attend court

Published:Thursday | March 28, 2024 | 4:31 PM

A family court judge, while presiding over a large number of cases yesterday, had to adjourn court speedily after a traffic court judge ordered the judge to appear in court immediately.

The incident has sparked discussion among some members of the judiciary and the legal profession.

According to reports, the family court judge, who was issued a traffic ticket, had engaged the services of an attorney-at-law in the matter. The attorney informed the court yesterday that he was seeking an adjournment in the matter. The adjournment, it was reported, was for a warrant to be issued and stayed to another date to facilitate a guilty plea.

The judge then directed the attorney to tell his client to appear in court. The attorney then informed his client that the judge had refused to stay the warrant so the judge had to adjourn court immediately.

The judge, who was issued with a traffic ticket for making a wrong turn on a particular road, pleaded guilty and was admonished and discharged.

Members of the public who had cases in the family court had to wait until the judge returned.

One of the questions being raised in legal circles is whether the Traffic Court Act makes provision for an attorney to represent a person who has a challenge in making an appearance in court.

Senior attorney-at-law Leonard Green, who is president of the Advocates' Association, said today in response to the incident that ticketable offences under the Road Traffic Act do not criminalise an offender. He said it has been the practise over the years in the Traffic Court where the judge will accept a plea where the representative of a person is entering a guilty plea, and pays the fine on behalf of the offender. He said such a practice helps to dispose of ticketable offences.

Attorney- at-law Tamika Harris said it was unfortunate that the family court judge had to adjourn court to attend the Traffic Court.

“I don't see how the judge's physical appearance in court advances the case in light of the fact that the judge intended to plead guilty and had legal representation in court,” she emphasised.

Harris highlighted the fact that “the children's welfare is always of paramount importance and the justice system has always viewed children's matters with urgency and special care.”

“A judge should never do anything to compromise another judge's ability to deal with children's matters expeditiously,” she added.

A retired judge said that all judges have the discretion to adjourn a matter for another date and can also issue a warrant and stay execution to another date.

- Barbara Gayle

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