Cllr. Jonathan T. Massaquoi, a member of the International Law Group appointed to serve as Amici Curiae in the Judge Eva Mappy Morgan alleged misconduct case at the Supreme Court, has pointed out a number of legal misconducts of Judge Morgan in the Judicial Inquiry Committee report.
According to Cllr. Massaquoi’s brief at the Supreme Court in regards to Judge Morgan’s alleged misconduct, Judge Morgan’s misconduct is firstly entangled in Article V (2), the Act Creating the Commercial Court of Liberia, which states, “A case filed before the Commercial Court may be heard by one of the judges of the Commercial Court, but where the amount of the claim is in excess of US$1,000,000.00 (one million United States dollars) or its Liberian dollars equivalent, the case shall be heard by the full three judge panel.”
Cllr. Massaquoi, in his brief, reminded the Supreme Court about its decision in the Murdock’s case, that “a court has no authority to enter a judgment or decree against anyone over whom it has no jurisdiction either by service of process or by voluntary appearance and submission to the court’s jurisdiction”.
He further pointed out that, Judge Morgan’s act of hearing a case above a single judge’s jurisdiction is also contrary to Judiciary Canon Thirty Eight, which states, “In every particular case, a judge’s conduct should always be above reproach. He should be conscientious, studious, though, courteous, patient, punctual, just, impartial, fearless of public clamor, regardless of public praise, and indifferent to private, political or partisan influence, he should administer justice according to law, and deal with his appointment as a public trust, he should not allow another affair or his private interest to interfere with the prompt and proper performance of his judicial duties, nor should he administer the office for the purpose of advancing his personal ambitions or increasing his popularity.”
The lawyer also reminded the Supreme Court about Article V (3) of the 2011 Act of the Commercial Court of Liberia, which states, “Where one or more of the judges cannot sit on a case requiring a hearing by the full panel, the Chief Judge shall direct the Clerk of the Court to notify the Chief Justice of the Supreme Court of Liberia, who shall make ad hoc appointment (s) to complete the panel from among judges of circuit and specialized courts.”
Cllr. Massaquoi said, “Judge Mappy Morgan intentionally and purposely failed, refused and neglected to have applied the law extant, if at all she claims that her colleagues were otherwise engaged and could not have sat on the panel with her to handle this US$8 million matter. The presiding Chief Judge Mappy Morgan knowingly committed gross breach of duty,” he noted
However, Judge Morgan, in her response, informed the court that her action to neglect the said provision was based on several circumstances, to include conflict of schedules for the full panel to sit on the case and individual judge’s schedules; excuse or absence of one of the judges;
The unreadiness of clerk to finalize and submit copies of the certified court minutes to the judges prior to hearing, among other things.