Strong endorsement for McDonald-Bishop to be next appeal court president

Strong recommendations are being made for Justice Marva McDonald-Bishop to be selected as the next president of the Court of Appeal, which would make her the first female head of Jamaica's second-highest court.

Former President of the Court of Appeal, Justice Seymour Panton, and the head of the Cornwall Bar Association, Michael Hemmings, have publicly thrown their support behind McDonald-Bishop, who is an appeal court judge. 

The Court Administration Division confirmed with The Gleaner earlier this month that current President Justice Patrick Brooks will retire on July 17, when he turns 70, the retirement age set in the Constitution. 

Under section 104 (1) of the Constitution, "the President of the Court of Appeal shall be appointed by the Governor General by instrument under the broad seal on the recommendation of the Prime Minister after consultation with the Leader of the Opposition".

The status of the selection process is not clear. 

"She [McDonald-Bishop] is to my mind the ideal person now to replace Justice Brooks," Panton told The Gleaner on Friday.

"She is a scholar. She is hardworking and I think she will continue the tradition of ensuring that excellent judgments do come from the Court of Appeal. I strongly support her appoint and indeed, I'm expecting that she will be appointed."

Panton argued that while the Court of Appeal is second to the United Kingdom-based Privy Council on the country's hierarchy of courts, its decisions are usually the final authority on a wide range of matters, which justifies the need for a strong judicial leader. 

"The reasoning of the Court of Appeal is usually what carries. In fact, not many cases are appealed beyond the Court of Appeal, so it is very important that what comes from the Court of Appeal is solid. And they have been doing an excellent job," said Panton, who retired as president in 2016. 

Panton said he appreciates that the process may involve consideration of persons who are not currently judges. 

"If there are other contenders we need to know who they are. We don't want somebody to be parachuted into the presidency of our Court of Appeal... just parachuted without any real history, background," he said. 

A member of the Senate was floated as a possible contender earlier this year, The Gleaner understands. 

The president of the Cornwall Bar Association said McDonald-Bishop is a "brilliant" judge "who would do well as president of the Court of Appeal". 

"Her work speaks for itself through her judgments. She has served as a public servant over a number of years. She's a competent judge, a brilliant judge, a brilliant mind and somebody who you can approach for guidance in matters," Hemmings told The Gleaner. 

Justice McDonald-Bishop was promoted to the appeal court in September 2015 and will become the longest-serving judge on the court after Brooks' retirement.

She acted as president in 2022. 

She is married to attorney-at-law Keith Bishop. 

Other senior judges of the Court of Appeal and potential contenders include Justices Almarie Sinclair-Haynes, Frank Williams and Paulette Williams. 

Brooks joined the bench as a Supreme Court justice in September 2002 and then was promoted to the Court of Appeal in January 2012. 

He was appointed president in December 2020, replacing Justice Dennis Morrison who retired.

Justice Morrison died in February.

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