,AN ANALYSIS OF THE BAHAMAS JUDICIARY: THE P&D FOR A STRATEGIC INFORMATION PLAN SYSTEM 1

Institute for Court Management Court Executive Development Program

Phase I11 Project May 1999

DOLLY KING A

4: library ’

National Center for State Courts 300 Newport Ave.

.’! Williamsburg, VA 23 1 87-8798

CONTENTS

CHAPTER I .. .Introduction. ...................................................................... 1

The Problem ......................................................................................... 4

The Solution ......................................................................................... 7

Specifics: The Present System .................................................................... 8

Four Major Challenges ........................................................................... 11 0 The Family

Crime Pro Se Litigation

0 Diverse Population

The Impact Of Technology ....................................................................... 16

The Public’s Expectation ......................................................................... 17

CHAPTER I1 .. .The Bahamas Court Structure And Organization ......................... 19

The Hierarchical Court Structure ................................................................. 20 0 Registrar-Head Of Administration

Deputy Registrar Assistant R-egistrar

Mission Statenlent .................................................................................. 24

Vision Statement .................................................................................... 25

Goals And Objectives Of The Judicial Branch .................................................. 26

CHAPTER III .. Project Description ........................................................... 28

Information Systems Interplanetary .............................................................. 30 0 A Hint To ‘The Wise

The Strategic Plan .................................................................................. 32 WhyPlan?

0 Improved Flaming . 0 Strategic Planning 0 Where Are We Today?

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Where Are We Going? Toward Court Automation Goals Objectives Guidelines And Instructions For Committee Members Situation Analysis Committee Job titles Compensation Committee Judicial Information Systems Division Case Management Operations Short Scheliuling Trial Date Training & Training Center Judiciary’s Budget Committee Analytical Technical Committee Software/H:ardware Inventory Committee Maintenance Of SoftwarekIardware User Friendly Statistical Analysis Committee

Chapter IV .. ,..Recommendations. ............................................................. .47

Conclusion ......................................................................................... .48

Appendix. ............................................................................................ .49

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AN ANALYSIS OF THE BAHAMAS JUDICIARY: THE NEED FOR A STRATEGIC INFORMATION PLAN SYSTEM

CHAPTER 1

INTRODUCTION

The new century will bring changes in the world, the pace will increase, and thus

additional stress on all institutions. It is imperative that the Judicial Branch of the

Commonwealth of the Bahamas adapt to these changes and initiate the use of

sophisticated technology as we move toward the 21" Century.

The Bahamas is a small nation with the majority of Bahamians living on the Island of

New Providence; a population of approximately 278,000 people of which some 175,000

l i v a in the city of Nassau. Such a large concentration places a tremendous burden on

public institutions and the courts are no exception. The courts are challenged to meet the

increased demands placed on them by a high demographic population.

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The Judicial Branch goals and objectives are to enable its litigants to have access to

justice in an expeditious and timely manner while displaying equality, fairness and

integrity. It is a. system that seeks to maintain its independence also to ensure public

trust and confidence.

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The goals and objectives of the Judicial Branch are to introduce a complete automation

system. This system will seek “Spin the wheels of Justice more quickly.” In addition, it

will respect the generational and operational differences within the Judicial Branch.

As the 20’ century closes, there are signzfzcant value generational and operational

differences in both values and educational preferences. They cannot go unnoticed

among pre-baby boomers. Pre-baby boomers, born during the Depression or World War

11, the golden age of the radio, came from stable, multiple generation families with little

mobility. They are conservative and loyal; they believe in the merits of work and that

rewards come later. They prefer to learn in large groups through formal presentations

from expert speakers. They want formal questions and answers. They want interaction to

be only social. ‘They want everything to be civil and formal.

Baby boomers were born as World War I1 ended or during the Korean and Vietnam Wars.

Technology blossomed with early computers, Sputnik and the space race, and television.

They came from stable families in which most mothers stayed at home, but they had

greater geographic mobility. They are risk takers who had put “Self first.” Their work

defines Self intsrest, and they expect their rewards immediately. They prefer seminars,

hands-on activities and small groups with on-going interaction, multiple perspectives, and

interactive strategies. They want to have f in while they learn.

Post-baby boonzers, Generation Xers, were born during an economic decline and the

Watergate scandal. It’s aftermath, computers, became more and more integral to both

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business and households. Post-boomers come from families with high divorce rates,

complex step - :families, and single parent homes, with greater mobility. They have low

expectations. They search for community and seek balance, but experience

disappointment, They prefer individualized, self-scheduled learning experiences, ideally

using computers. They focus on defined personnel need, and they demand entertainment

and fun while learning.

In order to reach court staff members and litigants, who are raised on visual (television)

and interactive !(computers, Ninetendo, Workstation, Internet) learning experiences, the

court needs to employ various teaching methods, including sophisticated audiovisual

aids. Technology that was rare and expensive thirty years ago is now common place and

easily obtainable, @.e., a car manufactured in North America in 1997 has more computer

power that John Glenn’s Mercury space capsule had in 1962). The time span is too long

computers bought in 1995, with 133MH are now considered antiquated. At the end of

1998 scanners were approximately $1,000 now they cost $150.

In order to facilitate the complete automation of the Judicial system both government of

the United States of America and the Bahamas have committed resources, authorized by

their respective legislative process to establish and or improve capabilities of the Judicial

Branch.

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THE PROBLEM

Basically all procedures and documents, are processed manually. The first problem is a

very large backlog of criminal cases awaiting trial or awaiting appeal. The statistics for

January 1, 199;!, indicated that there were 7,704 cases pending in the Magistrates’ Court.

The number raised to14,212 by December 1992. An attempted outbreak at Fox Hill

Prison in February of 1993, resulted in a backlog in the Preliminary Inquires Courts. This

caused the backlog to grow from 235 at the beginning of the year to 45 1 at the end of the

year.

In juvenile matters, 91 1 cases were filed and 589 completed, with the backlog growing

from 336 on January 1, 1992, to 658 at the end of the year. In civil matters, 4,188 new

cases were filed, and 1,683 were completed creating a backlog from 530 to 3,035 pending

cases during tht: course of the year. Domestic matters, 3,008 cases were filed, 1,070 were

completed. The backlog grew from 945 to 2,883.

The figures cited above suggests the inefficiency in the processing of cases. At that time

there was only one court dealing with civil and domestic matters. At the Supreme Court

in criminal matters there were 345 cases, plus 80 new cases, with only 45 cases being

completed during 1992, leaving a total of 380 cases. On the civil side, 300 cases were

pending trial. During 1991, the Clerk Of The List reported that 174 cases were set for

trial, only 56 were completed. In 1992,241 cases were set for trial, but only 74 cases

were completed.

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The Court of Appeal had granted the appeal of defendants, who had been in custody for a

long periods of time, for example 3 to 4 years or where applications for bails in the

Supreme Court were given, caused grave concern. Adjourned matters received the first

available date on a court’s calendar. For instance a case may be before the courts in

February and it“s adjourned date set for December of that year. Delays in some

Magistrates Coiirts were shorter, but still too long. In some instances it could take two

years to get a criminal case through the Magistrates Courts. It takes, on average, a year,

for the record of an appeal, from a conviction in a Magistrate’s Court to be presented to

the Supreme Court.

Due to the congested court calendar, the lack of case management, and the lack of

computers prior to 1997, in each Magistrate’s Court handled its own schedule

independently. Cases that went to trial, were frequently adjourned in the middle of the

trial. A further delay occurred once a defendant was convicted. It took up to a year for

the records to be prepared and forwarded to the Supreme Court. Delays in the trial of

indictable offenses before the Supreme Court were lengthy, due to the backlog in the

granting of preliminary inquires in Magistrate’s Court. It takes time to produce the

written record that the Magistrate took in hand. The Secretary had to transcribe, type the

transcript on a typewriter, and send it to the Magistrate for proof reading. The necessary

corrections are made, and sent to the Magistrate, for certification, for onward

transmission to the Supreme Court. This process can took months and even years to

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produce, particularly if the Magistrates handwriting is not eligible. This practice still exist

today. Complete automation will assist in elevating this excessive time frame.

The Magistrate:;’ Courts are located in several different buildings, and some are several

blocks away. This in itself makes if difficult for police officers and lawyers to move from

court to court if they have matters in the various courts. Hence, the adjournment of cases

in order for lawyers to attend to matters set in the Supreme Court. The physical separation

of the Magistra1;es Courts make it difficult to share facilities such as a photocopying of

records. Inadequate holding facilities for prisoners pose much problems. Prisoners are

usually kept at the nearby Police Station until courts starts. Hence it is difficult for Court

Clerks to identify if the prisoner is to court or not.

Presently, due to the lack of computers on the bench, coordination of schedules between

the Supreme and Magistrates Courts is ultimately impossible. Hence, the police and the

prosecuting officers are identified as the key problems. In some instances cases are

delayed or adjourned, because they may not be available due to other assignments.

Owing to this situation there is a significant backlog of criminal and civil cases in the

courts, - which can only be resolved by a better case management and a case-based

application software.

Currently, records are manually maintained. Standard forms and reports are necessary for

the machinery of the courts. (Appendix A). Jury summons, witness summons, and

subpoenas, are sewed by hand, to persons in most cases. In addition to this situation the

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majority of the staff lack computer training skills. Criminal case loads have doubled,

traffic and civil cases have grown. (Statistics Appendix B)

THE SOLUTION

The statistics fcr the courts are reviewed, by the Government. In order to reduce the

increasing backlog of cases, several night courts, were established, two of which are

traffic, a coroner’s court, drug courts, and four additional day courts.

The development of a program for Bahamian Court Reporters at College Of the Bahamas

produced additional staff for the courts. Other civil servants were deployed from other

Government agencies.

New facilities for the Magistrates Courts will be erected to accommodate ten additional

courts. Construction is likely to start later this year, and construction for the Supreme

Court later next year. Subsequent to 1997 the Court of Appeal did not occupy its own

premises; it sat in sessions; in borrowed chambers at the Senate Building, and the judges

were non-resident. Today the Court of Appeal sits in its own premises, and each judge

has his chambers. The Court Of Appeal now has a resident President, with two other

resident judges and two non-resident judges. The Court of Appeal now sits year round.

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Today if defendants are not brought before the courts in reasonable time, (for example, in

custody for more than three years) bail is granted under the terms of Article 19 (3) of the

Constitution. Efforts are being made for speedy trials for all defendants.

SPECIFICS: THE PRESENT SYSTEM

The disposition of indictable matters is a stage process. The first stage relates to

committal to the Supreme Court after arraignment in the Magistrate Court. The

dispositive stage is in the Supreme Court.

At present there are two means of committal to the Supreme Court. The most frequently

used of these two forms in the usual long form preliminary inquiry involving the oral

examination of witnesses. The other means is the Voluntarily Bill of involving procedure

that is used more sparingly.

The Examining Magistrates in New Providence presently operate from a docket that is

organized to allot continuous days for preliminary inquires that are routinely set to

commence within four (4 to five 5 ) months of arraignment. After committal by the

preliminary inquiry, the written charge, the deposition, committal order and other papers,

are required by law to be transmitted without delay to the Registrar of the Supreme Court

and a certified copy to the Attorney General.

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The Attorney general then has the exclusive Constitutional duty to file an information in

the Supreme Court. The Accused is arraigned, the matter then is adjourned to a fixed

date. The judges of the Supreme Court have developed a practice of holding fixture

hearings relative to matters set down before them for the particular quarter.

In the event of a conviction of the defendant a social inquiry report is required. This

usually takes art average of four weeks to be prepared by the Department of

Rehabilitative Welfare Services. Cases are adjourned numerous times before they

conclude primarly because;

1. Atto,rney’s appearance at the Supreme Court takes preference over

appearances at the Magistrates’ Courts. Often times attorneys are due to

appear in both places simultaneously. Consequently the matter before the

Magjstrates’ Court must be adjourned, regardless of its importance. Where

fore:ign witnesses are attending, the same applies.

2. Lawyers and accused persons attending Supreme Court at the beginning of

each session, often interrupt the hearings at the Magistrates’ Court, to meet

other important matters.

3. Police Officers and other prosecution witnesses fail to attend Court.

An analysis of civil cases for the years 1991 through 1996 was conducted too ascertain

their status . Approximately 60% of civil cases filed between 1991 and 1996 were

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disposed of witlhin eighteen months of filing, which means that 40% of cases filed within

that period took. more than 18 months.

The problems of delays encountered by civil litigants were identified as the slow

movement of cases and the length of trials persisted. The Rules that govern the practice

and procedure, of the Supreme Court on its civil side, set out timelines for taking

procedural steps in a case. However, the rules do not establish overall time standards for

disposition of cases. The very nature of those rules is such that the pace of litigation is

controlled by lawyers and litigants and provide little incentive for the timely movement

of a case through the system.

Of the 11,000 cases filed between 1991 and 1996, approximately 5,000 were put in the

“probably abandoned” and “probably closed” categories for the reason that there was no

action in those cases for two or more years. Others were placed in one of the following

categories, abandoned, transferred, active or settled. Non-movement of cases that were

categorized as “active” had justifiable reasons for delay. It is believed that litigants and

lawyers are in control of the pace of litigation accounts for the inactivity in the majority

of these cases.

Problems cited were alacrity with which lawyers seek and judges grant adjournments of

interlocutory applications and trial date. Systemic delays related to an insufficient number

of judges and support staff, including competent court reporters, to permit timely disposal

of cases. The increase in the number of civil cases before the court and the increase in the

number of highly complex commercial and other matters for resolution. The inability or

unwillingness on the part of judges to control the length of trials by prohibiting irrelevant

cross-examination, the lengthy presentation of cases and the number of expert witnesses

called. In some cases, the time it takes to render judgments.

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Finally, there is no obligation imposed by the court on litigants to consider and explore

possibilities of :settlement.

THERE ARE FOUR MAJOR CHALLENGES FOR THE BAHAMIAN COURTS:-

1. THE FAMIILY

In the Bahamas, there is an increasing number of complex cases affecting families. On

the Island of New Providence there are two Domestic Courts, one strictly Domestic and

the other, for the most part, Juvenile. During the year 1998 in New Providence alone

some 4,888 cases were filed, clearly indicating that substance abuse, and family violence

are evading the courts. (Appendix B) In family law matters the court depends on the

social service d’epartment, schools and health care professionals, law enforcement and

other institutions for pertinent information.

The Second Regional Conference on Sexual and Domestic Violence was held by The

Crisis Centre, during November 4-7, 1998. Its theme was: “A Life Free of Violence: It’s

our Right,” Superintendent Hulan Hanna of the Royal Bahamas Police Force said that

“Domestic violcnce breeds additional crime, though it usually takes place behind closed

doors. Domestic violence is not a private matter, it is a crime that breeds additional crime.

Whatever and however the acts of violence are perpetrated, violence is violence is

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violence.. . ..” Mr. Hanna said that the role of the Royal Bahamas Police “service” is to

“restore peace” in domestic disputes. The objective of the force is to deal with any

criminal assault and ensure that party has resolved their dispute and peace is restored.

In an address at the same conference, Magistrate Sharon Wilson, (Domestic Court),

stated that, “The Bahamas needs a family court that can deal with all family matters,

regardless of their complexity. I remember when the domestic court met once a week,

then twice a week, now every day. In November, 412 applications were filed . . .” She said

that domestic violence can cover a wide range of family types. “In the last two decades,

there has been an increase in the varieties of non-traditional, multi-structured types of

families in the 13ahamas, and as a result there has been an equal increase in the varieties

of domestic violence.” She said research shows multi-structured families account for

more of the cases of domestic violence that end up before the courts, than traditional style

families. “It is it common thought that the police do not get involved in family affairs, the

fact is, in the Bahamas the majority of domestic violence cases are referred to the courts

by the police.”

2. CFUME

Crime is on the increase. Firearms, armed robbery, assaults and murders have escalated.

Prior to the 1 9 8 0 ’ ~ ~ homes were left unlocked and persons walking the streets late at night

were considered safe. Last year the Government of the Bahamas appointed a National

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Crime Commission. This Commission was invited to hold press conferences, town

meetings, seminars and panel discussion, about the crime situation. They were to report

their findings, and to advise the government how to fight this growing phenomenon.

As reported in The Nassau Guardian, Thursday, December 31, 1998, “BATTLE

AGAINST CFUME TO CONTINUE IN 1999 Comprehensive strategy to be hammered

out”. The article read thus:- ‘The battle against crime is expected to rage on in 1999, with

increased polict: resources, more hangings, stiffer prison sentences and the

implementation of key recommendations in the recently completed national study on

crime.”

But if past years are any indication, the criminals are likely to be just as sophisticated and

ruthless in their determination to plunder the innocent, and severely strain the quality of

life for many Bahamians.

National Security Minister Frank Watson said Wednesday that, “the government is not

about to ‘hang up its gloves’ in the fight against crime.” He said that the government will

hammer out a comprehensive crime fighting strategy after it has had an opportunity to

review the reco:mmendations of the National Crime Commission. “Next year our action

plan will address all those issues that the government can address,” Mr. Watson said.

“The national s1:rategy w7ill target poor housing, employment opportunities and the

decline in the nation’s morals. The church family, law enforcement agencies and the

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government agencies and the government must play an active part in any crime fighting

strategy,” Mr. Watson, emphasized. a

3. THE INCREASING DEMANDS OF LITIGANTS REPRESENTING

THEMSELVES.

Pro se litigation is a growing phenomenon in the Bahamas, particularly in the civil,

domestic and traffic courts. There are approximately 40% of litigants before the courts

who depend on self-representation. They are driven because of economics. The question,

that is often asked ‘Why do you not have an attorney?’ The reply is usually ‘I cannot

afford one.’ While others want to handle their own disputes. Time-wise the courts suffer

because of this. Some are illiterate, some believe that they can interrupt the law, and

others may even have a lawyer friend in court to assist him as to what to say. Whereas,

‘everyone is innocent until proven guilty.’ Legal aid is granted to persons who cannot

afford represenl ation in the Supreme Court.

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4. THE INCREASINGLY DIVERSE POPULATION.

The population of the Bahamas as of 1997 was 262,034. The Bahama Islands stretches

750 miles from Northwest to Southeast. The total area 5,382 square miles, 700 islands, 37

of which are inhabited and over 2,000 inlets. ( Map of Bahamas Appendix C ) e 14

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As reported by the National Crime Commission, the majority of Bahamians live on the

island of New F’rovidence, which is a relatively small land mass, seven (7) miles by

twenty-one (21) miles wide. Most of its population is confined to the central and eastern

sections of the island and directly relates to the increased number of crimes that are

reported. The island is so small, that any scene of a reported crime is a few minutes away

by car from where most persons live, work, worship or recreate. The result is

apprehension of personal proximity to crime and the likelihood of becoming a victim is

intensified. (Map of New Providence Appendix D).

In response to ,;he growing needs and changing population, the Judicial Branch must seek

means to emploly interpreters, (Creolemaitian, and SpanishKubans) and other

inhabitants. 0n:ly through accurate interpreting can the courts protect the constitutional

rights of non-English speaking participants in the legal system. There is a need to

educate court staff and j udges on interpreter issues. But diversity issues go beyond

language, “cultural competence,” that is, the ability of judges and court staff to

communicate effectively across cultural lines. This suggestion is not intended to create

culture-specific legal standards or linguistically segregated court proceedings. Instead, the

goal is to create a system that the people can use with confidence that they will be

understood hence fairly treated.

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THE IMPACT OF TECHNOLOGY

Widespread change is taking place almost daily throughout the computer industry.

The rate of technological change has been particularly rapid. Previously discrete

technologies such computing, telecommunications and visual image processing are

merging rapidly; meanwhile the cost of computing system platforms continues to drop.

The world is afifected by the information revolution and the explosion of technology. The

first computer was built in 1944. It required more space than a 18-wheel tractor-trailer

and weighed more than 17 Camaros. Today, the Judicial Branch operates over (1 00) one

hundred computers. The use of the Internet and e-mail, enables judges and court staff to

obtain and exchange information, in the courts and around the world.

The rapid advancement of technology may be the greatest single trend affecting the work

of the judiciary. Although judges will continue to determine the facts, interpret and apply

the law’, judges’ tools, such as video-conferencing, e-mail, the inter-net, computer discs

and videotapes, will be substantially different.

The use of Electronic filings machines allows litigants to file papers in the courts without

using paper. Electronic Mail, would connect the courts, prosecutors, and police and allow

computer users to send electronic notes. Due to the scattered premises of the courts,

prosecutor’s oflice, and the police this advancement would be very useful.

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The Court will address confidentiality status arising from increased public access to

personal information as a result of automated court operations, through various forums

such as panel di.scussions, community meetings and television interviews.

THE PUBLIC’S EXPECTATION

Consumers are becoming more and more accustomed to private sector efforts to provide

better and faster service. Prior to the 1990’s it was considered a privilege to be hired by

the Bahamas Government. Now persons are running to the private companies for

employment. The private sector emphasis’ is on service. Quality and user-friendly

systems are spreading within the government agencies. As a result, the courts are

challenged to analyze its services and performance with respect to all participants --

litigants, lawyers, witnesses, victims, jurors and observers.

To that end the Judicial Branch must consider institutionalizing the collection of

customer satisfkction information. It must develop and analyze public opinion feedback

questionnaires. However, public trust and confidence in the court system entail more than

outreach and feedback programs. Ultimately trust and confidence rest on the court’s

performance. It is critical to the perceived legitimacy of the courts, the enforceability of

its judgments, and ultimately with the ability of the Judicial Branch to provide a fair,

accessible forurn for the settlement.

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CHAPTER I1

THE BAHAMAS COURT STRUCTURE AND ORGANIZATION

The Commonwealth of the Bahamas has been in existence only twenty-five years as an

independent nation. Its basic legal system has been in existence since 1729, having been

inherited from the United Kingdom.

On attaining independence from the United Kingdom on July 10,1973, the Bahamas was

given a written Constitution largely based on the unwritten Westminster model

Constitution of the United Kingdom, with the additional provision that certain clauses are

entrenched and thus can only be changed by a referendum of the voters and the approval

of a two-thirds or three-fourths majority of both Houses of Parliament.

In the Bahamas, the Constitution provides for three branches of government, the

legislative, the executive and the judicial. (see Appendix) Under the Constitution, the

legislative branch (House of Assembly, Senate and the Governor-General, the Queen’s

representative) has the power to make laws for the peaceful order and good government

of the Bahamas.

The Supreme Court, however, was established in 1879 with an amalgamation of a

number of separate Supreme Courts which existed in the Bahamas between 1729 and

1897.

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HEAD OF JUDICIARY

The Supreme Court of the Bahamas consists of the Chief Justice, as head of the

Judiciary and te:n other justices. The highest court of the Bahamas is that of The Bahamas

Court Of Appeals presided over by a President, and four other justices. The Chief Justice

as exofficio hea.d may sit by invitation.

The hierarchical court structure of the Bahamas is made up of four divisions:-

* The Judicial Committee of Her Majesty’s Privy Council (London, England). The

Highest Court of the Bahamas (non- resident Members). (Appendix E)

The Bahamas Court Of Appeal, Highest resident Court headed by the President

and four justices( president and two judges, two non-resident judges.) January 1,

history records its first resident President. This Court is expected to sit throughout the

year, this cclurt adheres to constitutional matters and other public concerns.

The Supreme Court, or Court of Record has unlimited original jurisdiction in civil

and criminal causes and matters. Appellate jurisdiction from Stipend & Circuit

Magistrates and otherwise conferred upon it by any other law. Presently The Sittings

of the Supreme Court are held on the island of New Providence, in the city of Nassau,

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and in the nation’s second city Freeport, Grand Bahama. Sittings of the Court

commence on the second Wednesday in the month of January, throughout the legal

year. The “legal year” means the period commencing the second Wednesday in

January in m e year and ending the day before the second Wednesday in January the

following year. For the trial of criminal information by a jury; and for the hearing of

appeals in criminal causes and matters.

0 The Magis1:rate Courts, Coroner’s Court, Family Island Courts (known as the

‘Commissioners Court’), Industrial Tribunal and other Tribunals, (matters of a less

serious nature are finally determined at these Courts. E.g. labor disputes).

e REGISTRAR ,-HEAD OF ADMINISTRATION

The Registrar heads the day-to day administration of the Courts and is

responsible for the appointment, promotion and transfer of certain judicial staff to or

within the Judicial Branch. The Registrar is also responsible for furnishing the relevant

reports on disciplinary actions for employees. All policies of the Chief Justice are

implemented arid made the responsibility of the Registrar. (Organizational Chart

Appendix F).

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As outlined in Chapter 41 of the Supreme Court Act (1 966), the Registrar or Taxing

Master: deals with matters relating to cost in the Supreme Court. This entails an

examination of the Order or Judgment that awards the cost and hearing the applications

by the receiving and paying parties. Registrar decides the quantum. In so-doing, he

proceeds to tax the amounts in question applying the relevant law. Where the party or

parties are not pleased with the taxation they are entitled to apply for a Review. On

Review, the Re,gistrar again has a duty to entertain submissions on the law after which he

provides a written decision giving reasons for his decision. The Review may be taken to

a Justice of the Supreme Court or the Court of Appeal.

Interlocutory Applications:

determining interlocutory applications. Among others, the most common applications are

-- Summary Judgments, Judgment in Default, Security for Cost, Examination of

Judgment Debtor and Interim Payments.

The Registrar sits for the purpose of hearing and

Assessment of Damages: Where damage is awarded, the Judgment may contain

instructions for the assessment proceedings to be heard by the Registrar. The Registrar

will, as a result, conduct a trial in order to determine the quantum of damage he is to

award to the parties. The trial takes the form of civil proceedings and the rules relating to

the admission of evidence apply. The Registrar is responsible for signing all conviction

orders and certain civil orders from the Supreme Court.

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The scope of administration is concerned with the Appointment, promotion and transfer

of certain judicial officers to or within the Judicial Branch and is adequately set out in

Part I11 to V of the Judicial and Legal Service Commission Regulations. The Regulations

provide that where an officer is to be put forward for appointment, promotion, transfer or

on disciplinary matters the Registrar is responsible for making the relevant reports and

recommendations.

DEPUTY REGISTRAR, SUPREME COURT

The Deputy Registrar assists the Registrar with Judicial matters, acts as Registrar in the

Registrar’s absence, and sits on judicial matters in the Supreme Court.

ASSISTANT REGISTRAR, SUPREME COURT

The Assistant Registrar sits on judicial matters in the Supreme Court, especially probate

matters, that are prepared and sent to Chief Justice for signature.

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MISSION STATEMENT

The objective of the courts is to provide equality ofjustice to all, while conducting its

business in a tirnely and an expeditious manner. It is mandated to uphold fairness and

integrity in all matters, to promote trust and confidence to its users through accountability

while maintaining it’s independence.

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VISION STATEMENT

The vision of thie administration of the Judicial Branch of Government is to improve this

nation’s criminal and civil justice system by making it more effective, efficient, and

responsive to the diverse needs of its citizenry; to provide fair and proficient adjudication

and disposition of cases. affect change and to provide a catalyst for changing the way

business is currmtly being done on the criminal and civil side; to become fully automated

by the year 2002.

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GOALS AND OBJECTIVES OF THE JUDICIAL BRANCH

That “Justice should not only be done, but should be seen to be done!”

To meet the challenges of the year 2000 the Judicial Branch must ensure that it:

Operates efkiently, impartially and independently for the people of the Bahamas.

Foster quality performance, productivity, and effectiveness in the year 2002 and

beyond.

Establishment of an automation information system will rely on a refined

management process to assure user input and management accountability for those in

the judiciary who use, or manage the use of, automation to cany out their mission.

The system will ensure competent, just, vibrant, healthy and humane court

environments. It will also assure the staff ability to provide effective courteous,

respectful, 2nd civil assistance to lawyers, parties, and witnesses.

The courts will continue its self-assessment efforts, through its, criminal and civil task

force reports and recommendations.

Emphasizes must be placed on the importance of expedition and timeliness in

anticipating, adapting to, and implementing changes in law and procedure, guidelines

for timely case processing while, at the same time, keeping current.

Encourage judges, and court staff to think and act creatively and integratively both in

their own areas of expertise and in systemic teamwork relationships.

Develop ediication and training programs for court staff.

26

27

0

Appoint a trainer and train a trainer. Arrange user group meetings.

Up-date har'dware and software inventory, to indicate the needs.

Provide more accurate statistical information.

Train judges and staff how to use the e-mail system and the document server

To achieve its goal, Civil Servants were deployed from other agencies to the courts,

allowing each magistrate or judge to have a court clerk, and a secretary. A Deputy and

Assistant Registrar, and a Court Administrator were deployed to this department.

Rationalization of Court Administrative procedures and more effective management of

the caseload assisted by computerization will be an asset to this department. A Project

Manger was deployed to oversee the coordination of the court automation system.

27

28

CHAPTER I11

HOW IT ALL HAPPENED! - PROJECT DESCRIPTION

The United Stales Embassy in Nassau, in 1993, was deciding on what court

modernization project it could assist in. So, it attempted to analyze the problems

encountered in .the Bahamian Courts in the processing of drug - related and other criminal

cases. The National Center for State Courts was invited to analyze the system.

During April 1993, a team consisting of James P. Rowles, Charles Mackey, and James E.

McMillan conducted extensive interviews with officials, judges, court personnel, and

other agencies of the system apart of its investigation.

The report provided a detail description of court organization and the procedure followed

in criminal cases in trials before the Supreme Court and in summary trials before the

Magistrate Court.

It also address Constitutional issues on drug related matters.

The increasmg backlog of preliminary inquiries, juvenile matters, civil cases,

domestic matters, and traffic matters.

The inadequate physical facilities of the courts.

The phenomenon of bail being granted to suspected drug dealers and other suspected

criminals during the lengthy wait for trial, and after conviction in the Magistrates’

courts.

0

28

29

An adequate library.

The lack of reliable statistics.

The relationship of drug cases to other criminal cases, the overall caseload, and the

administration of the courts.

As indicated, family matters, criminal cases, juvenile cases co-exist. Hence, it is crucial

that the courts seek to improve the processing of cases, in all areas. To achieve its

objectives automation will be beneficial. There is a need to uniform procedures; and the

need for detailed and reliable statistical information. The rotation of personnel; the

interaction of the agencies that affect the system, e.g., the police, prisons, probation, etc.

all argue for a court automation project that unites and serves all agencies.

The Government of the United States of America and the Bahamas Governments in

1995, jointly agreed to continue to support a project designed to eliminate the illicit

trafficking, and consumption of narcotics within the Commonwealth of the Bahamas and

the transit of illicit narcotics through its contiguous territorial waters and adjacent

international waters. Toward accomplishment of this goal, the two governments agreed to

provide such resources and take such actions. Generally the Bahamas Government will

be responsible for the replacement and maintenance of equipment. Support and other

recurring expenses associated with equipment donated by the U. S. Government.

29

30

As apart of a continuing effort to improve the efficiency and effectiveness of the

Judiciary the Bahamas Government has agreed to the recommendation to the automation

of court.

INFORMATION SYSTEMS INTERPLANETARY

Court Automation represents a key element in any strategy when addressing the problem

of backlog. Employment of a Computer Project Manager was recommended to oversee

and coordinate the process of acquiring, installing and operating the centralized data

processing system. The acquisition and implementation of a centralized data processing

system to provitde computerized case management and office automation was also

recommended. .A system with the capabilities of the AS/400 minicomputer. The courts

must establish a process for ongoing evaluation and planning for the future. A Judicial

Enhancement Committee was appointed.

A pilot project was implemented in September 1995 in the drug courts. Vendors were

invited to provide a software application for case and financial management. A three

phase implementation was planned to automate the courts:

0 Pilot Implementation: Pilot system implementation of a case management

application for drug and narcotic related cases in the drug courts.

30

31

0 Phase 1 : Expansion of the pilot implementation software to accommodate all case

management and financial tracking needs of the magistrate courts.

Phase 11: The expansion of the magistrate system to accommodate case tracking and

financial needs for the entire court system.

0

A HINT TO THE WISE

“Where there is smoke there is fire!” The project Manager was succonded to the Judicial

Branch after the vendor was selected, and the software was being installed. Apparently,

instructions explaining the software to be designed was given by the magistrate for the

pilot project.

31

32

THE STRATEGIC PLAN FOR

THE BAHAIMAS INTEGRATED JUSTICE INFORMATION SYSTEM (BIJIS)

Why Plan? Planning achieves the following:

Sets directions, for the Judicial Branch; Allocates resources within the group; Examines the alternative courses of action available.

Improved planning leads to: Improved decision-making; Higher profitability; Lower risk.

Strategic Plannhg

What is Strategic Planning? Strategic planning is the continuous process of systematically evaluating

the nature of the business, defining its long-term objectives, identifying quantifiable goals, developing strategies to reach these objectives and goals and allocating resources to carry out these strategies.

WHERE ARE WE TODAY?

As part of the continuing effort to improve the efficiency and effectiveness of the

Judiciary the Bahamas Government has agreed to the recommendation for the

computerization of the Judicial System and has appointed a “Steering Committee” (SC).

To set goals for the development and implementation of an integrated justice

information system in consultation with all agencies and groups which contribute to

or use such information system and to approve a strategic plan for the system.

32

33

To define the requirements necessary for an integrated Justice Information System

and to determine the specifications for the design of software programs to meet those

particular requirements.

To determine the training needs of the Judiciary Court staff, Attorney General’s staff,

law enforcement and prison agencies and other contributors to or users of the system,

in the use of computer systems and to come up with a program to address those needs

in preparation for the implementation of the Justice Information System.

To come up with a plan for the maintenance of the hardware and software.

To submit a report to the Prime Minister and the Chief Justice on the completion of

the work of the Task Force for their review and approval.

To identify and agree on any business changes that may result fiom the

implementation of the system.

To implement the recommendations so approved.

WHERE ARE WE GOING?

The eventual objective is to implement a Bahamas Integrated Justice Information System

(BIJIS), that is the courts, probation, prosecutors, police, and prisons. To evaluate the

existing systems and make recommendations. To adopt a set of goals which will guide

the development of the project. Select various committee members to investigate and

report on the units findings and recommendations. Hold various meeting to communicate

33

34

and discuss eac’h phase and progress. To review pitfalls and make amendments .To select

a vendor for the: implementation of the system. Automation should be viewed as an

opportunity to re-engineer business processes.

TOWARD COIURT AUTOMATION

Plans are to purchase computers for staff members who are not in possession of any, to

establish an in-house training center and to up-grade existing systems. Periodic meetings

are held with “users” of the system for their input and their recommendations. To

ascertain if the idea makes any sense at all at this time.

Interaction with the community through town planning meetings, press conferences and

seminars, are planned. Members of the Bar Association have been invited to give their

views on the subject. The policy makers will make the necessary policy changes.

In the Magistrates Courts the police, and prosecutors, were identified as key problems in

the current system. Since the Magistrate’s Court is scheduled up to five months in

advance, and the Supreme Court schedules three to four weeks in advance, automation

will provide conflict resolution between the courts and would greatly assist in reducing

continuances. In case management, when sessions are scheduled, the principles of case

differentiation (i.e. determining the length of time a matter requires) could be used to

34

35

more efficiently schedule both courts. Today, the prosecutor’s office schedules criminal

matters in the Supreme Court.

GOALS

e

a

e

a

Impirove access to information by all agencies in order to enhance public

safei:y.

Provide the Judicial Branch an opportunity to resolve civil and domestic

conflicts in a safe and efficient forum.

Eliminate redundant data entry into an automated system.

Eliminate the need for different people to maintain the same or different

manual systems.

Reduce paperflow within the courts and among the agencies.

Satisfy the operational needs of the agencies.

Provide meaningful management reports to improve the efficiency of all

agencies.

Create a decision support database which can be used by all agencies to make

policy based on the most complete accurate and timely data available.

OBJECTIVES1

To ensure that all agencies must avoid turf issues, and encourage their staff to

view a new c.rimina1 information justice system.

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36

0

0

0

No Agency is the controlling agent.

Limit the initial number of agencies to the main criminal justice system.

Maintaining the current address of litigants is critical to an effective BIJIS.

All agencies should maintain their existing legacy systems.

Automation should be viewed as an opportunity to reengineer business

processes.

Scheduling of court events must be the responsibility of the Judicial Branch.

GUIDELINES AND INSTRUCTIONS FOR COMMITTEE MEMBERS

Managers are fiee to include in their plans whatever information they feel is relevant.

However, for th.e plans to be useful, from a corporate planning stand-point and for

consolidation purposes, there are a number of mandatory inclusions to be taken and

financial plan formats to be followed.

Each group should be given at least 4 to 6 weeks to report to the “Steering Committee”

(SC). It is important that deadlines for completion of the major segments of the plan by

each subsidiary are met in order to enable the necessary reviews by SC to take place.

These dates rekr to the submission of consolidated plans for each subsidiary to the

Chairpersons of the Steering Committee. Members of this committee will need to set

earlier deadlines for any unit plans to consolidate.

36

37

It has been recommended that the IBM AS1400 system be the server for the Bahamas

court system, as the Police and Prisons are already on this system. An automated

computer training Center will be established to foster training immediately. The

reclassification of job titles for the court employees and parity in compensation and

consistency through out the system. This Committee will seek approval from the

Department of Public Personnel.

The “Steering Committee’s” goals are to achieve clear and timely policy decisions,

overall participation, and assurance that decisions are met and uniformly implemented.

The courts are to take full responsibility of its system, and a “model” should be designed

to follow. A system for the implementation of standardized operations and for the

evaluation of performance of the new system in place. The Strategic Plan suggests the

following:

Appointment of various committees or units. Each committee will prepare a

separate plan. E:ach subsidiary unit will coordinate the plans from their units and will

present a consolidated plan that covers the entire subsidiary.

SITUATION ANALYSIS COMMITTEE (SAC)

The purpose of the Situation Analysis Committee is to identify an effective overall

competitive strategy for the Judicial Branch. What is the Court doing now? What are its

37

38

strengths and weaknesses? What is happening in the environment? What are the key

factors for competitive success and the important industry opportunities and threats?

What are the capabilities and limitations of existing and potential competitors as well as

their probable future moves? What important governmental, social, and political factors

will opportunities or threats ascertain? What should the courts be doing?

*

SAC chairpersons of the various committees listed below.

JOB TITLES COMPENSATION COMMITTEE

The appointment of the reclassification of “Job Titles Compensation Committee”

(JTCC).

Judge Magistrate Deputy Registrar Human Resources Manager Executive Officer Accounts Officer Secretary Department of Public Personnel Court Clerk

JUDICIAL IN FORMATION SYSTEMS DIVISION

The appointment of an Judicial Information Systems Division (JISD) to formulate a

master plan for the courts automatiodtechnology into the next decade, identifying

priorities and .&aping the future of the Judicial’s Information Systems Division. 0 38

39

0 This Committee is now tailored to the needs of the individual courtrooms, registries

and other agencies that make up the system, by supplying accurate case information,

monthly and quarterly reports on system performance, and progress reports on

individual courtroom performance. This vital information helps to link individual

courtroom activities with system wide goals and standards. Members for this

committee should include:

Project Manager Supervisor Central Registry Supervisor Criminal Registry Supervisor Probate Section Supervisor Divorce & Matrimonial Supervisor Personnel Secretary to Chief Justice Supervisor Accounts Computer Section Listing Officer Judges SecretaryKlerk Bailiff Magistrate SupervisorKlerk

CASE MANAGEMENT OPERATIONS (CMO)

This committee will undergird and standardize operations to provide a uniform system of

justice with comistency in quality of service as recommended by the “Steering

Committee”. A.lso, in respect of case management systems, case processing time

standards, and performance measures and standards. This group will develop a

recommended set of standardized operating procedures for their respective areas of

responsibility.

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40

INDIVIDUAL CALENDAR

The control of caseflow by the court assures that the system will operate most efficiently.

Delays in individual case will be avoided, and justice will more likely be achieved. It will

enable the cow; manager to make rational distinctions among cases and to assure that all

cases are resolved in a timely fashion. Complex cases can ///be identified early and a

suitable plan developed for disposing of them. Simple cases, such as a suit, or a debt, can

be resolved early, without waiting in line behind more complex cases. Based on their

experience with. large numbers of cases of all types and their familiarity with the

individual case on the docket, judges or clerks are able to set schedules which reflect the

requirement of leach case.

It has been noted that the individual calendar system by nature has a strong accountability

component. Thus, while the overall system stresses teamwork, judges and their individual

staff are accountable for the progress of assigned cases and central staff are accountable

for timely data entry and noticing.

STATUS CONFERENCE

It has also been proven (and is suggested in the civil task force report) that early

management by a judge leads to earlier disposition of most cases and frees judicial time

for those cases 1:hat need further attention or a trail.

40

41

0 By a.pplying the principles of differential management to cases, a status

conference can be held by the judge and attorneys for all parties.

A judge can set a schedule for the exchange of witness lists, discovery cut-off,

mediation, and settlement conference to deal with the needs of the case.

A judge can use the early conference to deal with failure to serve defendants,

ame:ndment of pleadings, addition of parties, and problem with discovery.

0

SHORT SCHEDULING

The courts control must be exercised throughout the life of the case. This means that for

every case, there should always be a future event scheduled, and the time between events

should be as short as reasonably possible. This principle of “short scheduling” recognizes

that people will naturally delay a case until their attention is required. Whenever an

event is imminent, a significant percentage of cases gets resolved.

TRIAL DATE

Trials and other events must occur when scheduled.

(a) Strict rules for no continuance or adjournment policy and schedule a limited

number of cases for trial.

(b) Cases that may settle before trial should be closely screened

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42

(c) Trials should not be scheduled until after an unsuccessful settlement

conference and only when the attorneys are present with their calendars and

agree on a trial date.

(d) Require attorneys to complete comprehensive final pre-trial order after the

last :settlement conference. (This can filter out cases that will not go to trial,

because the joint effort of preparing a pre-trial order often precipitates

settlement discussions, and many cases settle at this stage rather than when the

jury summoned.)

The Chief Justice may appoint a CMO Committee Members:- Judge Magistrate Registrar Project Manager Probation Officer Prison Department Police Police Prosecutor Attorney General’s Office Court Clerks Appeal/Supreme/Magistrate Supreme Court Criminal/Central Registry Supervisor

TRAINING & TRAINING CENTER (TTC)

To determine the training needs of the Judiciary Staff, Police, Prison, Probation, Girls &

Boys Industrial Schools, Prosecutors, and other agencies and other contributors to or

users of the system. The appointment of a trainer to supervise and ensure that a cirriculum

is in effect, and that staff is scheduled for training.

42

43

Project Manager Agencies Representatives Trainer Administration

JUDICIARY’S BUDGET COMMITTEE (JBC)

As one of the thee branches of government, the Judiciary recognizes that it must work

with the Executive and the Legislative branches. Concerned about the less well-defined

role of the Judiciary, and its status as a branch of government, this Committee will seek

to recommend that the Judiciary develop methods to increase awareness of the soundness

of its budget requests. For a number of years the Administrators have been increasing

their efforts to convey a proper understanding of the Judiciary’s financial needs to the

other branches. To this end the Committee will advise that during the opening of the legal

year, in the Chief Justice address’s the nation, the annual budget for the judiciary be

presented. The Committee will also attempt to reach an agreement with the Executive

Branch in order for the Judicial Department to control the budget once appropriations has

been approved. No doubt the Attorney General will not agree but it is believed that the

Treasurer will a.gree to this recommendation.

Committee Members: The Registrar The Chief Magistrate Project Manager The Financial Officer/Supreme/Appeal’s Court Accounts Officers The Administrator The Personnel Officer

43

44

ANALYTICAL TECHNICAL COMMITTEE (TAC)

This committee will oversee the planning procedures and analyze each units or

committees reports and the department as a whole. This committee is discharged with the

awesome task of predicting the judiciary’s future evolution, specify measurable “goals”

in addition to “objectives”. All strategies should be linked to a stated “goal”.

Project Manager Consultants Chairpersons of the SC

Police Prisons Probation

SOFTWAREAKARDWAm INVENTORY COMMITTEE (SHIC)

This committee will provide the Steering Committee with an update report on all PC’s in

the system recommend distributions and replacements of PC’s as they become available

and provide local technical assistance, and trouble shoots the judicial system.

Project Manager Computer Technical Officer Administration Registrar Magistrate

44

45

MAINTENANCE OF SOFTWARElHARDWARE COMMITTEE (MSHC)

A private company must be employed at this level. The Bahamas Government will

render assistance relative to the tender.

USER FRIENIDLY (UR)

This group comprises of members of staff who are the nucleus of the system, “the users”.

They will review the reports and recommendations, and make a report on their findings.

A chairperson will emerge who’s responsibility it is to receive all reports from the various

committees, distribute to committee members, and arrange meetings with this cell group

and report to the “Steering Committee”.

Supreme Court ClerWSecretary Magistrate’s Court ClerWSecretary Registry Staff Accounts Officer Personnel Officer Administration Custodians

STATISTICAIL ANAL,YSIS COMMITTEE (SAC)

The SAC’S, active caseload inventory analysis reports will not only enable judges and

staffs to manage caseflow operations, but will allow the court to perform statistical

analysis of each1 judge’s caseload and, in turn, of the caseload for the court as a whole.

This committee will produce, and distribute and review pending cases on a monthly basis.

45

46

These monthly snapshots of each judge’s pending caseload enable the court to set goals

for caseload re,duction and monitor progress toward these goals.

The court clerks in turn will continue to prepare monthly statistics and reports to the

(SAC) who coimpiles and distribute to each committee to appraise them of the courts in

session on a daily and monthly bases. This will enable Judges and Magistrates to monitor

continuous and to identify who is responsible. Both judges and the staff review monthly

statistics and isolate possible problem areas, primarily by comparing the judges’

inventory of pending cases to the prescribed goals for case processing. For example, a

judge might hawe fifty divorce cases pending for more than one year.

Statistician Project Manager Listing Officer Registry Supewisor/Criminal/Central Judges Clerk Probate Officer AG’S OFFICE

46

47

RECOMMENDATIONS

1. A Project Manager should not enter into a project without first understanding the language of the environment.

2. A Computer Manager or Project Coordinator must be in the initial stage of planning.

3. Goals and Objectives should be clearly stated.

4. The key is to involve the ‘users’ of the system in discussions and planning.

5. Workshops; must be held in caseflow management.

6 . An inventory should be done on the cases that constitute the backlog.

7. A committee to analyze how business is done as it relates to the statistics report, suggestive measures.

8. Caution should be excised in the selection of the vendor.

9. The staff training is a major component of the whole system.

10. A Consultantant should be employed to advise the committee through the project.

1 1. A budget cmmittee should be appointed.

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48

CONCLUSION

As the Judicial Branch strives to be more efficient and use modem technology, it must be

certain that the new system does not depersonalize the courts. The people in the court-

house - litigants, jurors, witnesses, lawyers, judges and court staff are the most

important part of the justice system.

In short, it is envisioned that the entire Judicial Branch will accept their role in the new

system. It will simply be a part of their existing duties as guardian of the Judicial Branch.

It is envisioned that the requirements for the proposed system will inform on a current

basis the reasonable time that constitute reasonable explanation for delays. New policies

and rules will be implemented. The court will control it’s cases. All court staff will

receive training, through seminars and selected courses with other institutions. When the

courts are fully automated, there will be a remarkable improvement in the scheduling and

other case-management techniques. Finally, all agencies will be comfortably integrated.

48

. .

E 2 0 U

b P , .r?

...

BAHAMA ISLANDS,

TO IVIT

T I I E Examination of

taken on oath, this day of

18

I in the year

of Our Lord one thousand nine hundred and before the

undersigned of H e r Majesty's Justices o f the Peace for the

said Baharna Islands, in the presence and hearing of

who s t i n d s charged before

for that he the said

on the day of

one thousand nine hunderd and I . -hc . .

oncncc i n dcicrlblni the

" W",,."l 01

rommltmcnt.

the said

in the year of Our Lord

in the island of (1)

This deponent

said as follows: (2) 1.-hc.. n t n l l n ~ the demdl lon of Ihc W l t n c . ~ "I ".".I, m "

no.rlblc in the word, he "IC..

When hlr drra4lIon Is ComIICIc ICI

hlm 4in It: nnd In CO."".C"Cl"l

the d c r a W o n , , , 01 other wIl"e,,, m,: "And I h h d a r a n m l umn hl. Onlh i d l h .. fallow,." hc. When d r m d l l o r I IIC tnkrn my:- "The "have dcm.illani

1 nnd WCIC taken nnd (warn) belore me "I

00 the d-7 nnd j e i r

mrntlond'. n m "bove

[DEPOSITION OF WITNESS.]

P W L . 0

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u-. 0 I. rc x m 5 C .-

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BA1IAR.IA ISLANDS,

'1' I I 13

Wc the undersigned

day of

of

19

and of

of

scverxlly aclmowledge ourselves to owe to our Sovereign Lady h e Queen the several

S I I I I I S following, riamely, the said

iis the priiicipal, the sun1 of

:1t1d

the SUIll of

teneiiict~ls if the said

coiitlition hereon endorsed.

and the said

as surety

each, to he lcvictl 011 our several goods, lands and

fails in the

Takeii before me the clay oP 19

J.F..

Keeper of her Majesty's Prisoii a t

or as t l l ~ case may be.

N<J'I'l.:~-\Vhere [he recugnizance i s (aken orally, onlit rhc w o r d "the iindcrsigiicd" nrld insert the WOI!\

"orally" alter "laken".

,#'.' P.T.0

I

RECOGNIZANCE CONDITIONED TO KEEP T H E PEACE OR TO DE OF GOOD

DEIIAVIOUR OR NOT TO DO OR COMMIT SOME ACT OR THING

BAHAMA ISLANDS,

Slale where,

THE day of

We the undersignEd of

19

of and

-. . of

Feverally acknowledge ourselves to owe to our Sovereign Lady the Queen the several

s m s following, namely, the said

as the principal, the sum of

and as surety

the sum of

tenements if the said

and the said

each, t o be levied on our several goods, lands and

fails in the

condition hereon endorsed.

Signed (where not taken orally)

. .. .

Taken ,before me the

I t

day of 19

J.P.

Keeper of her Majesty’s Prison a t

or as the case m y be.

NOTE.-Where tbe recopizance is taken orally, omit the word “the undersigned” and insert the word “orally” after ‘?&en”.

/ P.T.0

BAHAMA ISLANDS NEW PROVIDENCE.

BE IT REMEMBERED, that on the day of in the year of Our Lord one thousand

of the Island of New Providence and

of the same place personally came before me Esquire, Stipendiary and Circuit Mngistrate

for tlic Dahama Islands, and one of H e r Majesty’s Justices of the Peace for the said Bahama Islands, and arknowledged themselves to owe to our Sovereign Lady the Queen, the following sums that is to say, the said

Pounds, and the said and as sureticis the sum of pounds each of g o o h and lawful money of the Bahama Islands to be made and levied of their goods and chattels, lands and tenemw1t.u respectively to the use of our said Lady the Queen, Her Heirs and Successors if the said

and

as Principal the sum of

shall make default in the condition following:

WHEREAS the above bounden mas on this day duly convicted before me Esquire, Stipendiary and Circuit Magistrate, and one of H e r Majesty’s Justices of the Pence for the Bnhanin Islands, upon the oath of

and others for that the said on the day of in the year of our Lord

in the Island of New Providenrc one thousand

A m TVHEREAE the said was for the said offence ndjudcerl to forfeit and Day the sum of and in defniilt of mvment to be imprisoned in the Nassau Prison f o r the space of and whereas the said

has appealed against such decision. Nom the condition of this recopizance is such that if the above bounden

shall well and truly appenr at the next Session of the Supreme Court t o be holden at the Court House in the City of gassnu, and then and there prosecute an appeal, against siicli convic- tion and abide tlye Jiidgment of the Court upon such appeal, and pay the costs which may be awarded thereon, and not depart without leave of the Court then this recognizance to be void.

TAKEN nnd acltnowledged hefore me,

Stipendiary and Circuit Magistrate I

APPEAL BON.D.-CRINTNAL.---NICW PROVIDENCE.

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NEW PROVIDENCE MAGISTRATES' COURTS

12T" DECEMBER, 1998 STATISTICAL INFORRI[ATION FOR PERIOD 1ST JANUARY-

TYPE OF CASE

JUVENILE

CRIMINAL

TRAFFIC

DRUG

CIVIL

PRELIMINARY INQUIRIES

CASES PENDING CASES FILED CASES COMPLETED INCLUDING W.O.A.

493

1,784

6,559

633

4,473

32 1

CORONERS' INQUEST 102

70

5,698

FIRE A I M S

DOMESTIC

I 'TOTAL I i

'romL WAW

20,133

ITS OF ARREST 0

1,042

2,043

5,02 1

596

7,6 18

3 64

51

10

5,108

21,853

ITSTANDING

! _- TOTAL CASES PENDING WITH ADJOURNED DATES

855

3,43 8

10,966 .

695

5,095

352

164

65

1,094

2 1,726

13,158

8,568

,

LAY MAGISTRATES STATISTICAL INFORMATION

1 ST JANUARY TO 1 ZTH DECEMBER. 1998

Cases Pentling Cases File Cases Completed Cases Pendiiig 1/1/98 Inclu di iig W .O . A

Cr i mi ii a1 206

Tra cfi c I79

T o t a I

385

974

2,002

2,976

892

1,797

2,689

288

3 84

672

P W m

0 m

W 00

r(

r- m

0 W m

-

m w m

P"

P m

P -!!

I. ..

R~IAGISTRAl'ES' COURT - GRAND BAHAMA

CASES FILED 1998 CASES COfiIIPLETED 1998

1 4 2 439

598 52 I

39 45

173

1,070

210 __

1,358

300

557

178

112

I I

1,158 __

135

476

184

83

4

882 __

594

109

151

340

Nil

490

134

110

203

Nil

1,194 937

EICII'I RllLE ROCK

CIIIRIINAI, 249

CIVII. 220

.IUVIZNII,E 3G

'r lb \Fl ; lc 372

263

216

41

353

144

1,017

e c. c

m 0

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w N N

W m in

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-

N I. N

in 3

-

3 m z.

N 03 U

. ..

STATISTICAL INFORRIA'TION SUPREME COURT

PROBATE - 1998

Letters o f Atliiiiiiistr a t' loll

I' rob at e

Resealing

Lct t crs o 1' Ad rniri is t ra t i oil with Will

Li:tters of Atlininistration as a creditor

22 1

197

131

38

3

Letters o f Adrninistration de boins lion

Lctters of Atlniinistration de bonis no11 with Will

5

2

Total Completetl 597

m cn m 3

b

=! r7 . W Lr, VI

4 V

- m e

E- 4 u

z

3 . 3

b n

2 VI W (II -c V

m 0

3

0 m

-

m In

-

- 3

3

3 in

t- 3 M

m 3 3

m r- 3

-

3 ri

W

r i 3

-

W 3

-

m 3

"!

3

43 in r i

-

t- m m

Appendix .C

Pdiun Cap L GRAND BAHAMA . * F ) f l HEAOKEESOUNO

imonwealt The Bahamas

- LITTLE- WUMA

- RAGGED &, ISLAND

7

MAYAGUANA

ABRAHAM BAY

!

Unio NS R,

MATTHEWTOWN

.- ALL MILEAGE SHOWN ARE STATUTE MILES.

THE BAHAMAS COURT STRUCTURE

HER MAJESTY'S PRIVY COUNCIL LONDON, ENDLAND

THE BAHAMAS COURT OF APPEAL

T THE SUPREME COURT

1' MAGISTRATE COURT

Bibliography

Court Management Associates, “Assuring Caseflow Management Effectiveness” A Workshop for the Courts of the Bahamas. April 24-25,1998.

Automation Planning and Policy Formulation Office, “Automation Catalog” Office of Automation and Technology Administrative Office Of The U. S. Courts Washington D. C. June 1994.

Hon. Christine M. Durham, “Education For Development: The Courts as Learning Organizations,” - Leadership Institute For Judicial Education, Memphis, Tennessee (April 13, 1993) pp. 4-5.

Cynthia C. Jones Shoemaker, Leadership in Continuing And Distance Education in Higher - Educatilm, Allyn & Bacon (1 999, ISBN 0205268234.

Mary Frances Edwards “Use Of Technology in Legal Education” Chairwomen, IBA Committee 8, Legal Education & Continuing Professional Development, The national Judicial College U.S.A .

McMillian James E., Mackey Charles The Potential For Court Automation In The Bahamas by, Director Court Technology Laboratory, National Center For State Courts. Draft Report 1993.

e

Bahamian Courts Automation, Presented by, the Systems Resource Group Division of Digital Bahamas Limited, January 18, 1994.

Bahamas Judicial Enhancement Project Court Efficiency In the Bahamas, Analysis of Maior Problems and Suggested Solutions. July 1993. Regional Administration ofjustice Project U.S. Agency for International Development Bureau for Latin American and the Caribbean Office For Democratic Initiatives (LACDI)

Judicial Enhancement Advisow Committee, Meeting, Friday, October 8, 1994.

Lewis Byrd, Arid Associates, Specifications The Pilot Automation Program Of the Bahamas Drug Courts.

Http://www.state.n.j .us/judiciary/subap2a.htm. A Performance Measurement System.

Http://www.pergstrat.com/articles/ptp.htm Strategic Planning: