⚖️ Ombudsman rules against Cayman Islands Judicial Commission

The Judicial and Legal Services Commission (JLSC) of the Cayman Islands has been found guilty of maladministration by Ombudsman Sharon Roulstone. The ruling, delivered last month, was in response to a complaint by attorney Bilika Simamba, alleging that the JLSC's existing complaints policy did not comply with the 2016 amendments to the Cayman Islands Constitution. The ombudsman's investigation revealed an "extraordinary delay of some seven years" to update the JLSC's complaints policy in line with the Constitution. 📚

Roulstone emphasized that while there was a complaints policy in place, it was outdated and incompatible with the constitutional amendments. Despite acknowledging the need for revision, the JLSC maintained that Simamba was still able to lodge a complaint against a sitting judge. The ombudsman pointed out that a deficient policy may still contain some applicable rules, and parts of the JLSC's policy remain active and relevant. However, she concluded that the JLSC's delay in updating its complaints policy amounted to maladministration. 🏛️

While the ombudsman has no power to enforce action in relation to the maladministration finding, the parliamentary committee that oversees the Ombudsman's office can review its findings and make recommendations to parliament. The JLSC has now drafted a new complaints policy, which was posted on its website on 31 October 2023. 📝