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The Dominica Bar Association has expressed its concerns and is calling for a comprehensive review of the recent initiative to extend court hours. This development, introduced by the Ministry of Legal Affairs, involves adding evening sittings at the Magistrates\u2019 Court from 2:00 PM to 9:00 PM, starting September 8, 2025. In its formal statement, the Association recognized the government\u2019s objectives of improving access to justice and alleviating case backlogs\u2014both vital and commendable\u2014 however, emphasizes the importance of careful implementation.<\/p>\n
Along with the acknowledgement of the Ministry\u2019s intention were highlighted several potential challenges that could adversely affect various groups within the justice system. “Extended evening hours may create significant challenges for a number of groups”, noted the statement.<\/p>\n
Among these concerns are safety, transportation, and cost issues faced by rural residents, who have already reported difficulties in returning home after night court sessions. The association pointed out that \u201ccomplaints have been received from such persons about being unable to get a bus home after \u2018night court\u2019.\u201d<\/p>\n
The impact on women and caregivers was also a major point of concern. The Association underscored the plight of “Women and parents\/guardians with caregiving responsibilities, who may be unable to participate fully in hearings scheduled during evening hours.” adding that requiring or requesting parents to be away from their children during late hours could place an unnecessary strain on families. Furthermore, they raised issues related to accused individuals in custody, who might endure prolonged detention during daylight hours awaiting night hearings.<\/p>\n
Vulnerable populations, such as the elderly and persons with disabilities, are particularly at risk. The group shared that it has already received complaints from elderly litigants about the inconvenience of night court due to limited mobility, emphasizing that late-night proceedings could be especially burdensome for them. The concerns extend to legal practitioners and support staff, whose ability to provide consistent services during extended hours may be compromised by family obligations. Employers, too, face potential complications, as employees summoned to court on their behalf after hours could require overtime pay.<\/p>\n
A significant point of contention for the Association is the lack of prior consultation. They expressed disappointment that \u201cmeaningful engagement with the Bar, court users, staff, and the public” was not conducted before the implementation of night court.<\/p>\n
The obscurity regarding a thorough feasibility study, despite inquiries made to the Ministry, raises questions about the process\u2019s transparency and prudence.<\/p>\n
“Such consultation is critical to ensure that measures designed to strengthen the justice system are workable, fair, and sustainable”, the statement asserted, warning that the absence of this process could lead to constitutional and administrative challenges.<\/p>\n
The Bar Association also highlighted that the Magistrates\u2019 Court is currently operating below full capacity, with unfilled magistrate positions and underutilized courtrooms. \u201cThere is no overflow for a night court,\u201d they pointed out, suggesting that the current approach may not be the most effective way to address the backlog.<\/p>\n
To achieve the Ministry\u2019s goals without imposing unnecessary burdens, the Association proposed several alternatives. These include recruiting additional magistrates\u2014an effort they believe is already underway but not yet completed\u2014implementing staggered daytime sessions, strengthening case management practices, and introducing voluntary or consent-based evening sittings.<\/p>\n
In light of these concerns, the Dominica Bar Association has called for the immediate suspension of the current plan until meaningful consultation with all stakeholders can take place. They emphasized their willingness to collaborate on developing solutions that enhance judicial efficiency while ensuring the accessibility and fairness of the justice system for everyone.<\/p>\n
The Association concluded by reaffirming its commitment to working with the Ministry of Legal Affairs, stating, “We remain committed to working collaboratively with the Ministry to develop solutions that enhance efficiency while ensuring that justice remains accessible and equitable for all. The Association looks forward to engaging in constructive dialogue with the Ministry on this important matter.”<\/p>\n
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