The Full Bench of the Supreme Court Bench has taken action on the Judiciary Inquiry Commission’s (JIC) recommendations on two judges for ethical misconduct in the discharge of their duties.
Those suspended are Octavius B. Doe of the Monthly and Probate Court, Jaedae Statutory District in Sinoe County, and Magistrate Melvin Bah of the Paynesville City Court.
The high court judgment said having carefully reviewed the records, heard the arguments, and considered the relevant ethical principles applicable thereto that the conduct of Judge Octavius D. Doe in incarcerating the complainant, (Dee Clinton, police inspector) and ordering the brutal beating of the complainant on the premises of the court was a violation of the Judicial Canon.
Delivering the court’s opinion on Tuesday, February 18, 2025, Associate Justice Jamesetta Howard-Wookollie said the actions of Judge Doe constituted a reprehensible violation of multiple Judicial Canons, particularly, Judicial Canon 35, hence, the high court will not disturb the findings and recommendation of the JIC. The Associate Justice affirmed the findings and recommendation of the JIC and suspended Magistrate Bah for a period of 12 months, and ordered to pay the amount of US$1,560 to the complainant.
Those who served as amicus curiae to investigate the matter were Cllrs. Benedict F. Sannoh, Denise S. Sokan, Kuku Y. Dorbor and Aloysius Jappah while Cllr Festus K. Nowon appeared for Judge Doe who is the respondent.
Amici curiae is a Latin phrase that means “friend of the court”. It refers to a person or organization that is not a party to a lawsuit, but offers information or arguments to the court.
She then ordered the clerk of the court to inform the office of the court’ administrator and the parties of the decision of the court. The JIC, upon receipt of the complaint and the answer filed thereto by the Respondent Judge, cited the parties to an investigative hearing, notifying them to appear along with their witnesses at the hearing.
At the conclusion of the hearing, the JIC arrived at the following findings that it considers on the part of the Judge as unethical, barbaric, and not in the interest of fair play which are in violations of the following canons:
According to Judicial Canon Eight (Public Interest)-Courts exist to promote justice thus to serve the public interest. Theirs is the administration of justice which they must do with speed and care.
It also states that every Judge should at all times be alert in his rulings and in the conduct of the business of the court, so far as he can.
The Judicial Canon Thirteen (Inconsistent Obligation) says a judge should not accept inconsistent duties, nor incur obligation, pecuniary or otherwise, which will in any way interfere or appear to interfere with his devotion to the expeditious and proper administration of his official functions; as such, Judicial Canon Thirty-five (Abuse of Discretion) also says that a judge should be subject to disciplinary action for wanton, and reckless abuse of discretion which violate the Constitution, statutes and laws.
Having attended to the facts and listened to the concerns of the complainant, the JIC’s findings in its report to the Supreme Court states as follows: that the allegations of reckless conduct, with sufficient evidence, against Judge Octavius B. Doe were all proven to be true.
The JIC report said that the Judge is in violation of Judicial Canons Eight, Thirteen and Thirty-five as such conduct on the part of Probate Judge Doe besmears the image and integrity of the Judiciary, and undermines the trust and confidence the public has in the justice system in the Republic of Liberia.
Speaking on the issue of Magistrate Melvin Bar of the Paynesville Magisterial Court, Justice Wolokollie said it is un-procedural and arbitrary for a magistrate to interfere in a matter not formally assigned to him and take action to the detriment of either party.
She ruled that Magistrate Bah’s action to return the keys to the party without reference to the magistrate to whom the case was assigned violated Judicial Canons 8 and 10.
Counselors who served as amici curiae are Tommy N. Dougbah, Kuku Y. Dorbor, Bhartur Cora Holmes Varmah and J. Awia Vankan while Counselor Joseph P. Gibson appeared for Magistrate Bah.
“At the end of his suspension, if the amount ordered is not paid, his suspension remains until he complies. The Clerk of this Court is ordered to inform the parties of this decision. AND IT IS HEREBY SO ORDERED,” Justice Wolokollie ruled.
By T.Q. Lula Jaurey
