Vows To Weed Them Out, Demands Bailiffs Make Court Returns Public At Civil Law Court Opening
PHOTO: Chief Justice Yuoh critiquing a poorly written court return by a Bailiff in open court on Monday
By Garmah Never Lomo, garmahlomo@gmail.com
TEMPLE OF JUSTICE, Monrovia- At the opening of the Civil Law Courts, in the Liberian capital on Monday, March 20,2023, Chief Justice Sie-A-Nyene G. Yuoh vowed not to tolerate incompetent individuals from the ranks of judicial staffers.
In her campaign to rebrand the Judiciary, Justice Yuoh, who took office late last year, demanded two bailiffs of the Sixth Judicial Circuit Civil Law Court to make court ‘returns’ in the public, which she says is part of the rebranding of courts activities.
Here is what Liberian law says about Returns: The law says that when you sued a person, partnership, corporations or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed.
The legal way to give formal notice is to have the other side served with a copy of the paper work that you have filed with the court.
Chief Justice Yuoh’s action was in reaction to Judge Kennedy Peabody’s charge in which he complained that the bailiffs cannot file a return after an application has been filed.
Some Bailiffs of the Liberian Judiciary being openly scolded by the Chief Justice in the Civil Law Court
According to Judge Peabody, the court has noted that assignments are not recorded and when he gets to court and asked for returns it is not available.
“When we called the Sheriff for returns, he normally replies that he doesn’t know who serve the said Writ, we have a procedure to record all summon and assignments and how we serve such assignment,” the Judge said during the court opening ceremony.
He added, “We are appealing to lawyers and party litigants. I will not reside on any case that a lawyer will give assignment to a Bailiff, because the Bailiff keep those assignments in their pockets and when they come to court, we do not see it. “
Judge Peabody said the Sixth Judicial Circuit Court has one Sheriff and all the bailiff fall under that Sheriff. Therefore, all matter relating to the court must be recorded in the Sheriff’s office and the sheriff have the responsibility to assigned cases to the bailiff to serve.
Chief Justice Yuoh said in open court that on her recent court tour, it was surprising to know that there was a Bailiff who has worked with the Judiciary for fifteen years and but could not read and write.
Liberia’s second female Chief Justice said during the formal opening of the Sixth Judicial Circuit Court, that an ongoing evaluation of court staffers was a part of the rebranding of the image of the judiciary, stressing that during her administration as Chief Justice, she will make sure that the rebranding is perfectly done.
In the presence of everybody in the courtroom, Justice Yuoh called all Bailiffs and Sheriffs and instructed singled out two of them, Nancy Johnson and Zebedee Freeman from the group to write returns for which they performed poorly.
In her reaction, the Chief Justice turned to the Bailiff who spelled defendant as ‘defendent’ reprimanding her by saying, “this is how he has been spelling it just as that other bailiff.”
“Is defendent a defendant? she asked. These are the people that have passed through the crash, I don’t know him,” the Chief Justice said.
The Priest of Liberia’s High Court indicated that for eleven years, the reason why some people work in the judiciary without knowing anything is that they are recommended by the same judges and magistrates; adding that the Judge will take the penalty for any misspelling of court officers.
Chief Justice Yuoh also declared: “As Chief Justice, if I see any returns with a misspelling, the judge of that court and the Magistrate will bare the penalty,” adding that that the ‘Judges and Magistrates are the ones that read the returns.’
“We have seen in some returns that Baffles and Sheriffs cannot find a party defendant for even one month, that is unacceptable. If any apple come to the Supreme Court and we see on the return that you were unable to serve a precise on a party defendant for one month, something is wrong with you and we will take that as you been unqualified to serve in the position of a bailiff,” Chief Justice Yuoh pointed out.
Liberia’s Supreme Court Chief Justice clarified that she was talking about the need for competence to be demonstrated by court workers and not necessarily about one having a degree, but rather, she was talking about how he or she manages their functions and responsibilities in the various court.