Crackdown on ‘sleeping’ judges

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President of the Court of Appeal, Justice Isikeli Mataitoga during the Constitution Review Committee submission at the Suvavou House conference room in Suva on Thursday. Picture: JONACANI LALAKOBAU

The Judicial Service Commission (JSC) is moving to introduce a periodic performance review mechanism for judges who “sleep on the case”.

his was revealed by Appellate Court president Isikeli Mataitoga, who said the initiative formed part of broader efforts by the JSC to address concerns around non-performance and complacency on the bench.

“We are now looking seriously at introducing a periodic review mechanism,” Justice Mataitoga said. Justice Mataitoga acknowledged the challenges of disciplining judges under the current system, noting that once appointed, judicial officers often served long tenures with limited oversight mechanisms.

“This is because of the very difficulty of disciplining, every so often we will review your performance, not only because of how many case disclosures you’re having.

“But other areas, including your performance in public when you are not a judge. We want to see people, we have to bring back the standards,” he said.

Justice Mataitoga said the JSC was also working to establish clear criteria for these reviews to ensure fairness and avoid potential legal challenges.

“Through periodic performance review, we have to identify the criteria we will use so that we are not subject to judicial review.”

He stressed that poor performance would not be without consequence under the proposed system.

“It’s not going to happen. You get a bad review, you’re going home.

“Because that will become a disciplinary issue, which we can deal with in the appropriate provision.

“The idea is, we lack this mechanism.”