The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

CHIEF Justice Ian Winder admitted yesterday that he and Bahamas Bar Association President Khalil Parker have “regrettably” not yet finalised the long-promised judicial complaints procedure nearly a year after pledging to complete it.

He said progress has stalled at the stage of identifying committee members to consider proposals, citing other pressing judicial priorities that intervened. Still, he vowed to “redouble efforts” to work with Mr Parker to complete the long-awaited framework.

“But just to be clear,” he told The Tribune, “there is provision for complaints to be made against judicial officers through the Judicial and Legal Services Commission, and complaints are received and investigated by that body on a fairly regular basis. I will redouble efforts to get with the President to resolve this.”

His admission came after attorney Tavarrie Smith complained that inaction has eroded public confidence in the judiciary.

In a letter titled The Urgent Need for a Judicial Complaints Procedure in The Bahamas, Mr Smith recalled that in December 2024, the Chief Justice and Mr Parker promised to complete the framework before the opening of the 2025 legal year. Nearly twelve months later, he wrote, there has been “no update, no published procedure, and no indication that a disciplinary board has been established to address such complaints.”

He warned that the continued delay “raises serious concerns about accountability, transparency, and the administration of justice,” especially after several high-profile controversies involving judges last year.

Mr Smith stressed that his call was not an attack on the judiciary, describing most judges as “unsung heroes” who sacrifice personal time and shoulder heavy caseloads. But, he cautioned, “a few bad apples can spoil the bunch,” and without a clear accountability process, “negative public sentiment festers like a cancer, eating away at faith in our system.”

He said the proposed complaints mechanism would strengthen, not weaken, judicial independence by ensuring that any allegations are reviewed fairly and transparently. “The strength of any judiciary lies not only in the soundness of its judgments but also in the confidence the public places in its integrity,” he wrote.

The issue gained momentum in late 2024 when the Chief Justice and Mr Parker announced plans to meet before the new legal year to finalise a unified framework. The Bar Council later confirmed a committee had been formed to draft recommendations, which many expected would be implemented within months.

Attorney General Ryan Pinder has also voiced support for such a system, saying judges, like all public officials, should be held to clear standards of conduct.

Critics say that while the Judicial and Legal Services Commission currently handles complaints internally, the process lacks transparency and does not provide a clear avenue for public redress. Some consider the commission a political body without public decisions or confidential reporting mechanisms.

Mr Smith urged the judiciary and Bar Association to act “without further delay,” arguing that judicial accountability is essential to maintaining public trust.

“If judges are the moral, historical, and legal stalwarts of accountability in a nation, then they themselves must also be subject to accountability,” he wrote. “Justice demands not only fairness in outcome, but transparency in process.”

Mr Parker could not be reached for comment yesterday.