The withdrawal of public defenders from magisterial courts across the country has raised serious concerns among members of the Liberia National Bar Association (LNBA).
The LNBA, through one of its senior members, Cllr. Eugene Lamie Massaquoi, President of the Grand Cape Mount County Bar, on Monday during the opening of the November term of the criminal courts called on the judiciary for the reinstatement of Public Defenders at the various magisterial courts.
He said base on the Chief Justice’s decision to withdraw public defenders from the magisterial courts, impersonators are now making representations in court as next of kin; when these cases go on appeal to the circuit courts, they are limited and not qualified to represent the party litigant because they are not lawyers, thereby depriving the ordinary party litigant of their right to appeal.
He calls on the judiciary to see reasons to reinstate public defenders to the magisterial courts if it wants to realize fairness and equality in the rule of law.
“We think we should look at sending back the public defenders to the magisterial courts because the next-of-kin cannot ably represent the party before the magisterial court against a lawyer even to say a city solicitor. We join the Bar to call on the judiciary to reinstate the public defenders to the magisterial courts,” said Cllr. Massaquoi.
Recently, Chief Justice Sie-A-Nyene G. Yuoh reportedly ousted public defenders from all magisterial courts by ordering them to only represent clients at the circuit courts level.
Chief Justice Yuoh ordered the Coordinator of Public Defenders, Cllr T. Joseph B. Debblay, to instruct his men from all magistrate courts to return to the circuit courts.
Based on the Chief Justice’s order, Cllr. Debblay wrote a brief memo to public defenders commanding them to leave all magisterial courts and return to the office of Public Defenders immediately.
Debblay’s notice to his colleagues stated: “By directive of Her Honor Sie-A-Nyene G. Yuoh, Chief Justice of the Honorable Supreme Court of Liberia, all Public Defense Lawyers assigned in the Magisterial Courts of Montserrado County are to report to the main office of the Public Defenders as of Tuesday, October 1, 2024, for reassignment at the Circuit Courts. This should claim the attention of all concerned.”
Her decision, sources close to the Supreme Court said, was because the public defenders were hired by the judiciary to provide adequate legal representation to criminal defendants in the circuit courts, instead of the magisterial courts.
After Chief Justice Yuoh’s bold step to withdraw public defenders, the President of the Liberia National Bar Association (LNBA) Cllr. Sylvester D. Rennie immediately frowned on the issue during the opening of the October Term of Court, adding that the essence of going to court is to get relief and if said respite cannot be acquired because of the lack of legal representation, then access to justice cannot be understood.
Cllr. Rennie said that the absence of public defenders from the magisterial courts is hindering its Legal Aid Program because they do not have the required manpower and resources to provide to the numerous concerns of citizens and community dwellers to aid in the representation of indigents in the magisterial courts. He used the occasion to call on the Chief Justice Yuoh to retract the decision of withdrawing public defenders from magisterial courts.
By T.Q. Lula Jaurey
