Archie to retire during the 2025/26 law term: President to choose next CJ
Ivor Archie’s announcement on September 16, at the opening of the 2025-2026 law term, that he will retire as Chief Justice has raised questions over who will succeed him as the leader of the third critical limb of governance in TT – the Judiciary. The other two arms are the Executive and the Legislature.
Some people who chose to comment about Archie’s impending retirement, indicated the importance of choosing the right person who will keep the Judiciary on an even keel, and the need for the process to select the next chief justice being beyond reproach.
In a WhatsApp comment on September 20, attorney Martin George said the chief justice is third highest public office holder in TT.
The first and second are the president – the head of state – and the prime minister – the head of government, respectively.
“It’s importance, relevance and the overall effect that position has on the landscape of TT could never be overstated.”
George said, “It is a position that carries such responsibility because you have the financial responsibility, you have an administrative responsibility and you have judicial responsibility.”
He added the chief justice also has management responsibilities.
“There are so many hats you wear as chief justice.”
George said the chief justice is automatically the chairman of the Judicial Legal Services Commission (JLSC) which deals with the appointments and promotions “of not only judicial officers from the magistracy, from the High Court, from the Court of Appeal.”
The JLSC, he continued, also deals with appointments of several state legal officers at other public bodies.
“So, it is a phenomenal responsibility and in fact, if one were to look at it realistically, it is probably too much responsibility for one person in terms of their workload and the level of reliability and dependence that the nation has on this one individual, carrying out this function.”
George said, “In that regard, there may be some merit in the proposal that has been floated recently in terms of having a chancellor of the Judiciary.”
He added there are several jurisdictions which have this position.
George said in those places, the chancellor is able to handle some of the workload which the chief justice may handle alone in the absence of such a post.
“It (chief justice) is a position that requires great care in choosing and selecting the individual who is going to be the successor to the outgoing chief justice whenever he decides to demit office.”
George was confident President Christine Kangaloo would take into consideration the issue of “long term planning and making sure that you bring that stability to the Judiciary.”
He said a characteristic of an incoming chief justice must be someone “who can steady the ship and ensure that we get a period of smooth sailing as we continue our journey in the legal landscape of TT.”
In a phone interview on September 20, UWI political scientist Dr Bishnu Ragoonath was not surprised by Archie’s decision to retire during the new law term which began on September 16.
He believed some of the issues which arose during Archie’s tenure played a role in his decision to retire at 65 instead of the new retirement age of 70 for the Judiciary.
Ragoonath recalled under the former PNM administration, there were calls for Archie to be investigated with respect to some of those matters.
One of those matters was an allegation that JLSC, which Archie chairs, pressured former chief magistrate Marcia Ayers-Caesar into resigning as a high court judge.
On March 24 , the Privy Council ruled this happened and the then opposition UNC called for a tribunal to be empowered under Section 137 of the Constitution to investigate the conduct of Archie in this matter.
On March 31, then-prime minister Stuart Young said legal advice was being sought with respect to this issue.
Ragoonath said, “Nothing happened and even in the first four months of this (UNC) government’s regime, they did not do anything.”
Ragoonath said, “There was always the concern at some point in time, whether or not someone may very well push the issue and ask for a tribunal to be set up.”
He added Archie’s decision to retire may have put all of those matters to rest at this point in time.
According to the Constitution, the chief justice is selected by the president after consultation with the prime minister and the opposition leader.
This means Kangaloo can consult with Prime Minister Kamla Persad-Bissessar and Opposition Leader Pennelope Beckles about who should be the next chief justice.
Persad-Bissessar and Beckles could each offer their own recommendations of a potential successor to Archie but the final decision rests with Kangaloo.
The Constitution does not make it mandatory for the president to accept the recommendations of the prime minister or the opposition leader in choosing a chief justice.
When Archie was appointed on January 24, 2008, some people claimed then prime minister Patrick Manning influenced the president’s decision to make this appointment. Those claims were never proven to be true.
Ragoonath confirmed the constitutional process by which a chief justice is selected.
“The Constitution gives the president that power (to select a chief justice). There is very little wiggle room for the prime minister or the leader of the opposition to manipulate that choice.”
Ragoonath said people need to understand what “consultation” means.
“Consultation means I ask you, do you have an opinion? Give me your opinion. They give an opinion and that is consultation. The final decision rests solely with the president who does not have to take on whatever opinions were proffered by both the prime minister and the leader of the opposition.”
Ragoonath said it was the President’s choice if she chose to select the opinion of the prime minister over the opposition leader or vice versa.
“At this point in time, to say anybody could manipulate and push a particular agenda, that will only be with the support of the president.”
In terms of the type of person who could be selected as chief justice, Ragoonath said this person must be a jurist with a certain level of experience and cannot be someone from outside of the legal fraternity.
“We have several senior judges who probably stand a better chance at gaining the support (to become chief justice).”
He repeated the final decision rested with the President.
“I will not say that it is limited.”
Ragoonath suggested the members of the Court of Appeal could be potential candidates to succeed Archie.
“That does not mean to say it is purely limited to that Appeal Court level.”
He said a judge from the High Court could equally be considered to become the next chief justice.
Ragoonath could not recall which bench Archie sat on in 2008, when he was appointed to his current post.
He said the fact Archie was able to serve as chief justice for 17 years, suggested wherever he served in the Judiciary prior was not a barrier to his appointment as chief justice.
Archie was an Appeal Court judge for four years before becoming the head of the Judiciary.
Ragoonath added that Kangaloo will also have to weigh factors, such as the state of the Judiciary and its role with respect to curbing crime in determining who will be right person to become the next chief justice.
“She would have to weigh all of these other variables.”
So far, there is no official indication that Kangaloo has consulted with Persad-Bissessar or Kangaloo with respect to appointing a new chief justice.
In a WhatsApp comment on September 19, former attorney general Garvin Nicholas said, “I have had my issues with the Chief Justice, there have certainly been matters that have arisen over the years that have caused discomfort.”
He did not elaborate on what those matters were.
Nicholas said, “In the corresponding time the Chief Justice has also presided over a number of positive changes that have improved access to justice and for these he must be commended. I worked with him to get the Children’s Court off the ground.”
He added, “We have all benefited from the introduction of online court hearings and filings and the increased efficiency in the determination of matters in the courts and probate section.”
Moving forward, Nicholas said, “I would like a chief justice who is as far as possible, beyond reproach, forward thinking, bright and agile. I believe that there are a few people in the system who can fit that bill.”
He did not name any.
Some reports on social media have claimed Justices Mark Mohammed, Geoffrey Henderson and Gillian Lucky could be potential candidates to succeed Archie. Mohammed and Henderson were former directors of public prosecutions (DPPs)
Nicholas said, “It is important that our institutions, especially our last line of defence, be strengthened and have full confidence restored in it.”
He acknowledged Archie did not set a fixed date for when he will retire.
“I am aware that the chief justice will be in office for some time still, during that time I hope that he would continue moving the Judiciary forward.
Nicholas extended best wishes to Archie and his family.
Attorney Martin Daly, SC, had only one comment on Archie’s retirement and the appointment of his successor.
In a WhatsApp comment on September 19, Daly said, “The JLSC which he heads ought not to make any new appointments during what is commonly called a ‘lame duck’ period.
These situations often describe times when leaders in various institutions signal an intention to resign but remain in office for a certain period of time, pending the appointment of a successor.
Daly said, “Hopefully the other members of the JLSC will be sensitive to this.”
He added whoever succeeds Archie as chief justice should be allowed to shape the Judiciary with his or her input “together with his (or her) colleagues who are members of the JLSC.”
Daly repeated such decisions should only take place after a new chief justice has been appointed.
When Archie announced his intention to retire, he gave no date for his departure.
“I must be responsible in managing the transition, especially after such a lengthy period in the office where the only leader most people know is me. Transparency and seamless succession are an important part of good corporate governance. It requires meticulous planning and preparation and a reasonable lead time.
“The departure of my predecessors whose attainment of mandatory retirement age was predictable and therefore anticipated. This should be no different in terms of preparation time. A further announcement will be made closer to the time of my departure.
“It is also important to me to find new challenges and opportunities and opportunities to grow.
“Chief Justice is what I do, not who I am. One must have a life beyond chief justice,” he said. “High public office requires sacrifice of family, self, and the freedom to pursue other avenues of interest. And, while it is a privilege to serve, each of us must decide about what we want for ourselves at any given stage in life. I have seen my life journey with clarity and perspective.”
Archie reflected on his 17 years as chief justice.
“From a corporate governance standpoint, no matter how innovative a leader may be, an infusion of fresh ideas from a new leader with different strengths and weaknesses is desirable from time to time.”
Archie said he did not see public office was not one’s personal possession.
“The office of chief justice is not private property or something you hold or cling to. It is a sacred baton held in trust for one’s successors and the nation. I am but a single runner in a never-ending relay, and the baton must be passed at some time. … The race is compromised if you don’t pass in the zone. I am in the zone.”
Archie said his decision was deliberate: “I have decided to retire at the time of my own choosing and not to wait until I reach the age of 70. There will always be unfinished business, no matter when I leave but I have decided to retire during this term, so this will be my last speech.”
On its website, the Judiciary said Archie spearheaded many initiatives geared towards the improvement of the administration of justice in TT.
“These included the widespread application of information communication technologies in the courts, enhanced collaboration with stakeholders in the justice sector, and the creation of a business model approach to the administration of justice.”
The Judiciary said Archie has also been “the visionary behind the establishment of a strong customer service thrust in the Judiciary, and more recently has been at the helm of major exercise aimed at transforming the Judiciary into a high performing professional organisation.”
Archie assured, “The Judiciary will be in good hands because there is more than a critical mass of people who understand and are committed to our vision and mission.”
In his remarks, he endorsed the consideration of a chancellor to help oversee the Judiciary.
Archie also pledged to support his successor without interference. “The next chief justice will have my full support, but no unsolicited advice.
“I am satisfied that we are in a much better place than we were in 2008.”
Constitutional provisions concerning the chief justice’s appointment
Section 102- The Chief Justice shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition.
Section 103- Where the office of Chief Justice is vacant or where the Chief Justice is for any reason unable to perform the functions of his office, then, until a person has been appointed to and has assumed the functions of such office or until the Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such other of the Judges as may be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.
BY: CLINT CHAN TACK
Archie to retire during the 2025/26 law term: President to choose next CJ
