Outcomes - Selected Case Summaries
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Updated policy for complaints against judges - Judicial and Legal Services Commission
Investigation | 08 November 2023
The complainant stated the Judicial and Legal Services Commission (JLSC) neglected to maintain a current, updated complaints policy allowing members of the public to file complaints against sitting judges. Although the JLSC did have such a policy at the time the complaint was made, the complainant stated it had not been updated in line with the 2016 amendments to the Cayman Islands Constitution Order. The complainant alleged both a lack of applicable policy and unreasonable delay against the JLSC, which he stated had been informed about the policy shortcomings as early as 2021 and perhaps earlier.
As a matter of jurisdiction, the Ombudsman cannot hear complaints against judges under the Complaints (Maladministration) Act, however, as this matter involved an administrative policy required to be maintained by the JLSC under the Constitution Order, it was determined to be a matter the Ombudsman could review.
The Ombudsman’s office attempted to informally resolve the complaint, but after further discussion between the parties it was determined the resolution process was ultimately unsuccessful.
The Ombudsman commenced an investigation into the complaint, which was hindered in some respects by confusion over what government office or agency had constitutional responsibility for the JLSC. On this point, the Ombudsman was required to obtain some legal advice prior to proceeding with the conclusion of its investigation, which was reached in November 2023.
The investigation supported the complaints of lack of applicable policy and unreasonable delay in regard to the updating of that policy. The following recommendations were made:
- the JLSC update its current policy for complaints against judges to bring it in line with the CI Constitution within the next 30 days.
* the overall staffing of the Commissions Secretariat, which serves the JLSC and the other Constitutionally created Commissions, be reviewed to determine adequacy of staffing levels.
An updated complaints policy was placed on the JLSC’s website and a copy was provided to the Ombudsman, so the first recommendation was met. Our office continues to monitor the second issue.