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Jun 12, 2020

Does No Consequence Means That It’s Okay to Flout the Law?

Andrew Marshalleck

According to attorney Andrew Marshalleck, the notion that the timeliness of the complaint has a bearing on the consequence sends a wrong message to the Judicial and Legal Services Commission.


Andrew Marshalleck, Attorney, Bar Association

“Where we are is that while the court acknowledges that the Judicial and Legal Services Commission acted unconstitutionally in excluding Mrs. Vidal from the meetings for the past two years that no consequences are to flow from that because, as the judge explained, the Bar Association, she said, it delayed and took too long to bring a claim to complain about it and also that apart from the delay that the potential consequence of making the declaration would create chaos, I imagine in the administration of justice.  I hesitate in explaining it because I do find it difficult to explain because if it is, as the judge has found that the decisions were valid, notwithstanding the exclusion of the president of the bar from the proceedings before the commission, then I don’t see any risk of any chaos.  It seems to me that the denial of any relief to the bar while acknowledging the constitutional wrongdoing sends the message to institutions such as the Judicial and Legal Services Commission that it’s okay to act in breach of the constitution so long as the people who are affected by your breach do not complain about it promptly or so long as it is the case that if the complainer complains about it and the decisions are invalidated, it could cause administrative chaos.  It seems to me that that’s a very wrong message to send.”

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