PHOTO: Judge Mardea Tarr Chenoweth
By Moses M. Tokpah, mosesmtokpah@gmail.com
KAKATA, Liberia- The Resident Judge of the 13th Judicial Circuit Court here in Margibi County, Mardea Tarr Chenoweth says for the Judicial System to gain the public confidence, judges must give the people justice.
She made the assertion at the formal opening of the August Term of A.D. 2021 Term of Court on Monday, August 9, when she delivered her charge on the topic, “improving public confidence in the Liberian Judiciary”.
The Judge said without public confidence, the people will refuse to go to court and resort to remote means of seeking justice, which will undermine the country’s peace and stability.
Judge Chenoweth indicated that last week, she heard that a senior prosecutor walked to a magisterial court in Monrovia and ordered the City Solicitor to Nolliprosequi a case in which it alleged he had a personal interest and set the accused free.
According to her, the accused was in court for misappropriating over US$48,000.00 of an investor’s money, while the investor was in court shedding tears.
The Circuit Court Judge intimated that these actions of judges and judicial actors do not reflect on their law firms or their respective institutions, but the court and the judiciary as a whole.
Those are some of the reasons giving the judiciary negative public perception adding, ‘we have to stop,’ Judge Chenoweth emphasized.
The Liberian Judge further that there is even suspicion that some judges and magistrates take drugs while others consume alcohol in public places and engage in unnecessary and rowdy arguments, noting that such behavior makes the public to look at the judiciary with disdain.
“We are not saying a judge or a magistrate must be a saint, but such is a profession that we have taken, which calls for us to at all times conduct ourselves properly. Our dress code and our public utterances and even our hair cut tell the public what kind of judge or magistrate we are,” she advised.
Judge Chenoweth went on to say that some lawyers go to court, and once their cases are filed and their bonds proffered, that’s the end mentioning that they will send all kinds of flimsy excuses to avoid going in the merits of the case.
Others exploit their clients in the name of the judge, the Margibi County circuit court Judge said.
And they consistently telling their clients that the judge says he/she wants small thing while others particularly prosecutors will intentionally nolliprosequi cases, even when the facts are glaring, because they have personal interest in such case, she added.
Judge Chenoweth said it is critically certain that there is little or no public confidence in the Liberian Judiciary.
Public confidence, she explained, is bestowed by citizens based on demonstrations and expectations consistent with interest of society.
In the Judiciary, according to Judge Chenoweth, public confidence relies heavily on the ability of the judiciary to respond to injustices and help prevent anti-social behavior.
She pointed out that it is vitally important in a democracy that individual judges/magistrates are impartial and independent of all external pressure and of each other so that those who appear before them and the wider public can have confidence that their cases will be decided fairly and in accordance with law.
“That no court staff will use the judge’s office to obtain special treatment for friends or relatives; that judges or support staff will not have improper discussions with parties or counsels for one side of a case,” the Liberian Judge asserted.
Judge Chenoweth then expressed hope and prayed that the County Attorney and Defense Counsels will work as usual with them to dispense justice for the people of Margibi County.
In keeping with law, she said magistrates are advised to make sure that indictable offenses are transferred to the Circuit Court for the County Attorney to acquaint herself with them to begin the prosecution of said cases.
“Remember that we, that is judges, magistrates, the County Attorney, Defense Counsels, jurors and the court support staff have a single purpose, we must all work together as judicial actors to attain that purpose, and that is, building a strong judiciary,” Judge Chenoweth ended her charge.