The Tribune

By LYNAIRE MUNNINGS

Tribune Staff Reporter

lmunnings@tribunemedia.net

AFTER months of public debate and nearly a year of delays, Chief Justice Ian Winder yesterday announced that a long-awaited judicial complaints process will be rolled out by the end of January, marking a step toward greater accountability within the judiciary.

Speaking during the Opening of the Legal Year, Chief Justice Winder said the Judicial and Legal Services Commission (JLSC) will introduce a more structured system for handling complaints against judicial officers within the existing constitutional framework.

“There have been much public discussions concerning the ability to make complaints relative to judicial officers,” he said. “I preface my remarks in this area by pointing out that the Constitution circumscribes the means for the disciplining of judicial officers. It is the Judicial and Legal Services Commission which receives and manages such complaints.”

Chief Justice Winder said it has always been possible for members of the public to lodge complaints with the commission and noted that such complaints are received and investigated. He also confirmed discussions on the issue with Bahamas Bar Association president Khalil Parker.

“In light of the concerns expressed, the Commission has determined to establish a more structured process within the existing framework,” he said.

As part of the new process, a judicial complaints form will be created and made available for download on the judiciary’s website. Once fully implemented, completed forms may be submitted directly to the JLSC through an online portal.

Chief Justice Winder said a complaints subcommittee of the commission, chaired by Justice of Appeal Bernard Turner, will review submissions.

“The Subcommittee, upon receipt of a complaint, will, where the circumstances warrant, invite a response from the judicial officer concerned or may request further information from the complainant,” he said.

He added that the subcommittee may conduct further investigations and make recommendations for disciplinary action where permitted under the Constitution and the Judicial and Legal Services Commission Regulations.

“The new process is expected to be launched by the end of January,” he said.

Attorney General Ryan Pinder welcomed the announcement, describing it as a positive development for the administration of justice.

“I think it's a good step forward,” Mr Pinder said. “Certainly being able to institutionalise judicial complaints and how they're dealt with should help with the system.”

He noted that constitutional limitations exist regarding disciplinary action against judges but said a clear and predictable process would strengthen accountability.

“You know, certainly we always want to be able to hold everybody in the administration of justice accountable,” he said, adding that the judiciary, the Bar and the executive function collectively to ensure an effective justice system.

“I want to congratulate them, and I'm pleased. I think it's an excellent step forward.”

The announcement follows criticism late last year over delays in finalising a formal complaints framework. In November 2025, Chief Justice Winder acknowledged that he and Mr Parker had not yet completed the long-promised procedure, nearly a year after pledging to do so.

At the time, he said progress had stalled at the stage of identifying committee members, citing competing judicial priorities, but vowed to “redouble efforts” to complete the framework.

His comments came after attorney Tavarrie Smith warned that continued inaction was eroding public confidence in the judiciary. In a published letter, Mr Smith argued that the absence of a transparent complaints mechanism raised serious concerns about accountability and public trust, particularly following several high-profile judicial controversies.

Critics have long contended that while the JLSC handles complaints internally, the process lacks visibility and provides no clear avenue for public redress. Supporters of reform have argued that a formal complaints system would strengthen, rather than undermine, judicial independence by ensuring allegations are addressed fairly and transparently.