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Report ‘improper conduct by judicial officers’ to Dep Gov Office- David D. Archer

Deputy Governor David D. Archer Jr has said persons who have legitimate complaints about improper conduct by judicial officers should make such complaints under confidential correspondence to the Deputy Governor’s Office. Photo: VINO/File
Deputy Governor David D. Archer Jr has expressed concerns about comments made on an article by BVI News, questioning the fairness of the judicial system. Photo: VINO
Deputy Governor David D. Archer Jr has expressed concerns about comments made on an article by BVI News, questioning the fairness of the judicial system. Photo: VINO
ROAD TOWN, Tortola, VI- Deputy Governor David D. Archer Jr has said persons who have legitimate complaints about improper conduct by judicial officers should make such complaints under confidential correspondence to the Deputy Governor’s Office.

“In any society, an independent and honourable judiciary is indispensable to justice. This system of Government was built by noble men and women who ensured that the integrity and independence of the judiciary was preserved throughout the years of its existence,” Mr Archer said in a press statement today, January 16, 2020.

Mr Archer also said it was important for him to reference an article with blogs recently posted by ‘BVI News’ with the headline: “Magistrate’s brother granted 50k bail for gun related charges.”

“I find it important to note that the decision on this case was handed down by Magistrate Christilyn Benjamin and not by Senior Magistrate Tamia Richards,” Mr Archer clarified.

Many bloggers on the said article have directed their criticisms to Magistrate Richards, and some have suggested Richards gave her own brother bail, despite the article stating otherwise.

Others have criticised the magistrate’s decision to grant bail to someone on gun-related charges and questioned the fairness of the judicial system.

Canons of judicial ethics

“The laws that have been instituted have guided our judiciary for many years now. The system involves a close working relationship between the police, the courts, the Office of the Director of Public Prosecutions and the Attorney General’s Chambers. Canons of judicial ethics would disqualify a judicial officer, such as a Magistrate, from presiding over any matter and having any involvement in his or her public capacity, both seen and unseen in which his or her impartiality may be reasonably questioned, including in a case involving a relative,” Mr Archer stated.

He explained that where a conflict of interest arises, the matter is then listed for hearing before another judicial officer that is not conflicted. Each judicial officer, Mr Archer continued, has complete judicial independence from the other and the assigned judicial officer will be able to render whatever decision he or she considers accords with the law, free from any interference of the conflicted judicial officer.

“The public should also have full confidence that the Code of Judicial Conduct of the Eastern Caribbean Supreme Court and the common law principles on the conduct of judicial officers will continue to serve as the standard that the judiciary will be required to follow in the Territory of the Virgin Islands.

“Persons who have legitimate complaints about improper conduct by judicial officers should make such complaints under confidential correspondence to the Deputy Governor’s Office,” Mr Archer stated.

9 Responses to “Report ‘improper conduct by judicial officers’ to Dep Gov Office- David D. Archer”

  • Comment (16/01/2020, 14:31) Like (3) Dislike (1) Reply
    The Deputy Governor have sited two complaint errors, but there exist far more legitimate complaints than errors. Hopefully there will be proper resolution and not the same status quo of needless conversations and red tape that goes nowhere.
  • ... (16/01/2020, 15:07) Like (4) Dislike (7) Reply
    wait I thought the complains goes to the BVI Bar association??? This man is giving himself power
    • Well (16/01/2020, 18:35) Like (1) Dislike (1) Reply
      Wherever it goes, let’s just hope something is seriously done about all this judicial corruption that has been a common practice for far too long.
  • waste ah time (16/01/2020, 16:08) Like (1) Dislike (1) Reply
    On deaf ears ?
  • Separate of Powers (16/01/2020, 16:59) Like (3) Dislike (0) Reply
    It is High Time that the Magistrate's Court be brought fully under the Judiciary and so complaints would be dealt with differently.
  • tretretrete (16/01/2020, 22:34) Like (4) Dislike (1) Reply
    Archer don't know what going on because Tamia trying cases that her cousin is in and all she doing is helping her cousin win a case that they're not suppose to win
    .. throwing out the other party's evidence and accepting her cousins evidence...
  • TORTOLIAN (17/01/2020, 09:22) Like (2) Dislike (7) Reply
    Archer you should not even have commented on this. I tired of all the damn bloggers chatting what they don't know and maligning others willfully. For every story they continue to castigate and defame others. People remember there is always another side to the story. VIP please... we need to pass a law insisting that these newsites print the name and email address of all bloggers
    • @ TORTOLIAN (17/01/2020, 18:46) Like (4) Dislike (0) Reply
      Have a seat and stop trying to be like the others who cover up wrongdoings.

      I can say for a fact they very well know of reports of improper conduct by judicial officers and have done nothing.
  • 411 (18/01/2020, 16:06) Like (2) Dislike (0) Reply
    Hear me out on this. We don't need bow tie to tell us this as though this is something new. However, the fact is that it happens, from the bottom to the top of the scale. In school, another kid offfends or acts up, nothing is done because the teacher or the principal is your family member. It happens on any job. it happens in any government. It happens when you report incidents to the police. people are bias and show favoritism in every part of the world, even with judicial officers. It's not right but it happens.


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