The Supreme Court of Liberia has instituted tougher measures at the Judiciary branch of government, aimed at curtailing and eradicating the spread of the deadly COVID-19 from Liberia.
The Supreme Court, through Judicial Order #8, issued Thursday, June 24, 2021, mandated Circuit Court Judges to encourage party litigants to opt for bench trials instead of jury trials, where possible.
“However, where a party litigant insists on his/her right to trial by jury, the judge must suspend the hearing of said case until the health situation in the country is declared safe,” the release stated.
According to the Judicial Order, all courts in the Republic of Liberia are ordered and mandated to reduce activities to a bare minimum within their respective jurisdiction.
Cases before the Supreme Court will be minimally assigned so that no more than four counselors will be available for the presentation of arguments before court.
The document continued, “The court will concentrate more at this time on opinions in cases already heard, and only urgent high profile cases of national concern and cases growing out of allegations of violation of rights under this state of emergency will be prioritized.
“The preventive protocol of hand washing shall be strictly adhered to by all courts throughout the Republic; buckets for washing hands shall be provided at the entrance of all courts in the Republic. All judges conducting hearing, whether in the courtroom or chambers, are to wear masks covering their noses and mouths, all counselors and party litigants entering court premises are to do the same. Court officers have been mandated to strictly enforce the regulations, and anyone refusing to adhere to them shall not be permitted on the premises of the court.”
The Supreme Court said circuit and specialized courts are to give preference at this time primarily to petitions for the writ of habeas corpus and to other matters of alleged violations of the fundamental rights of citizens and residents growing out of this state of emergency; no more than two cases are to be assigned per day for hearing (one case in the morning and the other in the afternoon) and only party litigants and their lawyers are permitted into the courtrooms. The public is advised to stay away to avoid overcrowding.
According to the High Court, “The Judiciary is temporary scaling down its workforce at this time. Accordingly, each subordinate court is required to have a maximum of four support staff (clerk, file clerk, bailiff, and sheriff) at work each day. This restriction does not include court security and maintenance workers where applicable.
“Classes of the Professional Magistrate Training Program (PMTP-4) at the James A. A. Pierre Judicial Institute are hereby suspended with immediate effect until further notice,” the high court stated.
The Judiciary said unless cases involving non-billable offenses, all courts are to use available options under the law, example personal recognizance, to avoid party defendants from being committed to prison. And under no circumstance shall a party infected with, or suspected of being infected with the coronavirus be committed to prison; instead, Health authority should be promptly contacted.
“All employees of the Judiciary branch of government, counselors and attorneys and the public are to take due note of these measures and observe the strict adherence,” the Supreme Court noted.