Judicial Administration
Judicial Administration
The administrative apparatus consists of the registries and offices that deal with
the management of the court system. Administration of the court has traditionally
been concerned with maintaining a proper registry of court proceedings, overseeing
budgets, selecting jury pools, arranging the lists of court cases, creating court
calendars, and supervising non-judicial personnel.
The Court Administrator
The Court Administrator is the chief administrative
officer of the Courts. Taking her directives from the Chief Justice, she is responsible
for ensuring the success of the day to day functions of the support staff of the
judicial administration.
The Court Administrator’s responsibilities also include preparing and presenting
the judicial budget allocations, collecting, compiling, and reporting statistical
and other data in relation to the administration of the courts’ functions; and preparing and providing to the Chief Justice, annual statistical
data of the courts’ work, to be included in his presentation at the Opening of the
Grand Court at the beginning of each year.
The Clerk of Court
The Clerk of Court is responsible for all court
documents filed and must therefore have a working knowledge of practices and procedures
and be able to assist the court and attorneys when necessary. The Clerk of Court
is therefore expected to be an authority on practice and procedure. He is also responsible
for taxing bills of cost. The responsibility of the Clerk of Court also extends
to such legal work as checking and signing orders of the Court, and dealing with
applications for probate and letters of administration. After normal hours, the
Clerk of Court may be called upon to arrange a court sitting for applications of
an urgent nature.
Court Registry
The Registry comprises of civil and criminal sections,
but the Chief Justice has initiated a project for the creation of administrative
divisions for the better support of the specialized areas of litigation. The first
of these will be a commercial division. It is the responsibility of the Registry
to process, register and to keep safe custody of documents and to make them available
for court hearings as well as for pivotal role in the functioning of the courts.
In general the Registries are staffed by clerical officers who are supervised by
Deputy Clerks of Court. The work that is performed by the staff in the Registries
is work of a specialist nature that can only be learnt “on the job”. A constant
process of training and re-training of the clerical staff is necessary in order
for the courts to function efficiently. Constant training is also necessary to update
staff on changes in procedure affected by decisions of the Court or by new legislation.
Court of Appeal Registry
The administrative support work of the Court of
Appeal is the responsibility of a deputy clerk of Court, at present, Mrs. Audrey
Bodden.
She is responsible for listing matters before that court and for the general management
of the hearings.
The Listing Officer
The listing officer is pivotal to the smooth operation
of the Grand Court, as she arranges the daily case work of the Chief Justice and
Judges. In doing so, she must be cognizant of the nature of the cases which come
before the court so as to be able to, in consultation with the attorneys, allow
the appropriate length of time for court sittings.
It is her responsibility to set dates for preliminary and subsequent hearings, including
trials and to ensure that cases that are ready for trial are brought before the
court without unnecessary delay. These responsibilities are carried out under the
direct supervision of the Chief Justice.
The listing officer also performs the duties of a Justice of the Peace which include
authenticating public documents; attesting affidavits and other legal documents;
and admitting persons to bail.
Another function of the listing officer is to maintain the register of all confidential
matters coming before the courts and to ensure their safe keeping. Such matters
include suits filed pursuant to –
- Proceeds of Criminal Conduct (PCCL) Law
- Mutual Legal Assistance Treaty (MLAT)
- Criminal Justice (International Co-operation) (CJICL) Law
In the line of authority, the listing officer supervises the Court Marshalls. Her
directives are passed down through the Chief Marshall who in turn supervises his
subordinates.
Bailiff Services
A Bailiff is appointed under The Grand Court Law
(2006 Revision) and the duties are outlined in the Judicature Law.
A Bailiff delivers (serves) legal documents and other court documents to a defendant
or an individual involved in a case. The Bailiff must serve the documents in accordance
with
the Laws and Rules. This may mean handing the documents to the defendant personally
or to some-one in the same household or business.
Once documents are served, the Bailiff must provide proof that they were served.
This is done through a document called an Affidavit of Service, which must be sworn
before a Justice of the Peace or a Notary Public.
Bailiffs may be authorized by order of the Court to seize, remove and sell a defendant’s
possessions in order to pay the money owed to a successful plaintiff who may be
a person or an organization such as a bank. Bailiffs may also be authorized to carry
out evictions to secure vacant possession of a property ordered to be soled to recover
a debt such as a bank loan. This may be done, if necessary, with the help of the
Police.
The Bailiff may be contacted by telephoning 1 (345) 244-3848
The Judicial Financial Centre
The Judicial Financial Centre includes the Court Funds Office which has the responsibiltity
for the collection of Court and Traffic fines, Civil Court Fees, the collection
and distribution of compensation payment as well as child and spousal
maintenance payments where these are ordered to
be paid through the Courts.
Other responsibilities include budget submissions and management, payments of judicial
related invoices, legal aid, default warrants, the administrative process of payroll,
and supervision of its dedicated staff.
House in the first floor of the Kirk House Courts Office across from the main court
building, it is open to the public from 9:00 am to 3:00 pm on week days.
The accounting section consists of eight members of staff; three Cashiers, 2 Accounts
Officers, one Warrant Clerk, one Court Funds Accountant and the Administrative and
Finance Manager, who has the overall responsibility for the department.
For further information please contact the Administrative and Finance Manager, Mrs.
Lillian Curbelo-Bush.
Library Services
The Grand Court Library
The mission of the Grand Court library is to enhance the development of the administration
of justice through the provision of legal information that is timely and relevant.
The library has a collection of 4,000 volumes consisting
of both primary and secondary legal materials including unreported judgments, law
reports, law journals, statutes, legal textbooks and procedural materials. These
are updated on an annual basis to keep abreast of developments
in the law. The Legal Database, WESTLAW is also available. Access to the collection
is provided by the library’s online public access catalogue.
The Grand Court Library is primarily a reference collection which caters to the
immediate information needs of the court. The collection is available for use by
the Judges and staff located in the court buildings. Other users include counsel
appearing before the court and guests sponsored by the judges and officers of the
court.
This means that books may not be borrowed for removal from the court buildings but
are allowed to be taken into court and circulation is restricted to Court personnel
and attorneys in the instant cases. All other users must research the materials
in the library. Photocopies are allowed at 50 cents per page. A card operated photocopy
machine is provided and cards in $25.00 denominations can be purchased from the
Courts Office Cashier. The library is open Monday through Friday 8:30 a.m. – 5:00
p.m. except on public holidays.
For further information or assistance you may our Librarian, Mrs. Beverley Speirs
or Mrs. Patricia Palmer.
Court Reporting Unit
There are currently three court reporters employed
by the Cayman Islands’ Judicial Administration. Their primary responsibility is
to attend in the Grand Court and to take down a verbatim record of proceedings.
When requested, transcripts are prepared for argument in the Cayman Islands’ Court
of Appeal.
Transcripts of judgments and various rulings are sometimes submitted to be published
in the Cayman Islands’ Law Reports.
The most technologically-advanced method of court reporting is utilized to provide
real-time services when long and complicated cases are heard before the Grand Court.
The presiding judge and counsel are assisted by having an instantaneous transcript
sent to their laptop computers as the witness’s testimony is heard, essentially
eliminating the need to take long-hand notes by all parties, thereby decreasing
overall court time. This makes these types of trials more cost-efficient for the
Government of the Cayman Islands (particularly where defendants are legally aided)
and other parties to Court proceedings.
Court reporting services are also available to the parties to civil cases at financial
cost.
Legal Aid Unit
Applications for grant of legal aid are submitted
to this unit where they are processed for submission to a judge for consideration.
The Legal Aid Officer will assist applicants in completing the Affidavit of Means
which is required by the Rules. Applicants must swear to this affidavit giving full
details of their means to enable a judge to decide whether or not they qualify for
legal aid under The Poor Persons (Legal Aid) Law. The nature of the case for which
legal aid is sought must also be fully explained. In certain circumstances the judge
may require a Social Services Officer or Police Officer to examine the information
provided in the Affidavit of Means to verify that information.
The annual legal aid budget is very limited compared to the demands. Defendants
to criminal cases who do not have the means to pay for their own legal representation
must be given priority because of the consequences of being convicted. The right
to legal representation in such cases therefore requires that most of the annual
budget is allocated to criminal cases.
It also follows that only in exceptional circumstances can legal aid be given to
fund civil actions. Such cases will only be funded where there is a very clear and
important cause of action and where the judge is satisfied that a litigant will
not be able to get justice without legal aid. It also follows that divorce cases
will not usually be funded. Exceptionally where the welfare of a child is at risk
or there is threat to the personal safety of a spouse, funding may be provided but
only to the extent necessary to resolve the most pressing issues. In divorce cases
as well as in civil cases generally, parties may be required to pay monthly contributions
to the costs of legal aid. In all civil cases, where a legally aided party is successful,
that party, through his or her attorney will be required to pay back the fund from
their award or ensure that the opposite unsuccessful party pays those costs back
to the legal aid fund.
Maintenance Unit
This unit is responsible for the processing of
claims for child and spousal maintenance. Where an applicant who would typically
be the mother or legal guardian does not have an attorney, assistance will be given
to ensure that the application is placed before a magistrate or judge depending
on which court the application goes before. Applications must be made by Summonses
and supported by Affidavits and these must be served on the respondent father or
spouse. The Courts, through the Bailiff’s office will also assist with the service
of these documents for a small fee. Orders for payment of maintenance are often
made for payment through the Court Funds Office to ensure that there is a proper
record of payment and to ensure that payments are made at the time directed in the
orders of the Court. Where payments are not made as ordered, applications can also
be made by summons to enforce the order and assistance will also be given by this
unit where the applicant cannot afford an attorney.
Payments through the Court Funds Office can be collected at that office which is
located on the ground floor of the Kirk House Courts Offices, Monday to Friday between
8:30 am and 3:00 pm.
For further information, please contact the Maintenance Officer, Ms. Jacqueline
Scott.
Court Marshalls
A team of six marshalls and a chief marshall are responsible for attending to the
judges and magistrates and for the maintenance of order in and around the Courtrooms.
Before the Court session begins, they gather all the necessary documents and books
for the Judge or Magistrate. They ensure that witnesses, attorneys and defendants
have arrived and are sitting in their places, then advising the Judge or Magistrate
that everything is in order before escorting them to the Court.
The Marshalls announce the convening of the Court. They call defendants or witnesses
into Court, ushering them in turn to the dock or witness stand for the administration
of the oath or affirmation. They have a similar function in respect of jurors. They
also serve as clerical assistance in court among other things, labeling exhibits
entered into evidence and passing tem as required to the judge or jury.
The Marshalls also ensure that persons outside the court do not cause disruption
in the courtroom, using their powers of arrest of constables, if necessary, to maintain
order.
The Marshalls spend most of their time in the courtroom but have an office in the
court building, where they do their administrative work.
Courts’ Security
At present, security for the Courts and persons attending there is provided by a
combination of personnel from the Royal Cayman Islands Police Service; the Prison
Services and a private security firm.
Plans are however now in train for these services to be centralized under the Royal
Cayman Islands Police Service, with a dedicated team of officers trained specifically
to provide these services for the Court
Human Resources
Patricia Muschette joins Judicial Administration as Human Resource Manager, with over 8 years experience in the field
of Human Resource Management and 18 years experience in the Field of Accounting. She also holds office as a Director for
the Cayman Islands Health Services Authority.
Prior to joining Judicial Administration, Patricia has worked for companies both local and overseas, such as
Enterprise-Rent-A-Car, JP Morgan Chase, Cayman Islands Immigration Department, Thompson Resorts Ltd, Boatswains Beach
and has served as Consultant through the Ministry of Health and Human Services assisting on the National Assessment of
Living Conditions study. Patricia has been very instrumental in implementing HR Policies and Procedures at most
organizations in which she has worked. During her employment history, she has produced drafts of Employee Handbooks,
managed payroll functions, managed pension matters, managed changes to payroll functions, managed Health Insurance
transitions, re-designed existing forms and procedures for the betterment of the organization, implemented policies
and procedures, designed reward and recognition programs and organized many staff functions and events that created
an atmosphere of teamwork and camaraderie.
Patricia holds a Master of Business Administration degree in Human Resource Management, with a Bachelor of
Science degree in Accounting. She is currently pursuing a degree in Theology and is in the registration process
at Capella University to obtain a doctoral degree in Industrial/Organizational Psychology. She is a Member of the
Cayman Islands Society of Human Resource Professionals, a member of Delta Sigma Pi Professional Fraternity, a member
of the Society of Human Resource Management, a member of the Business and Professional Women’s Club and a member of
the Royal Cayman Islands Police Special Constabulary Force. Patricia was also recognized, in the Tampa Tribune, for
her work as a student consultant for the accounting firm of Bollenback and Ferret PA.
Patricia holds a strong passion for Human Resource Management and respects and honours the level of confidentiality
that comes with the position.
Information Technology
Andrew Doussept, is the Judicial Administration’s Information Technology Manager, specializing in the Court
JEMS database system while providing hardware, software and network support.
Residing in Cayman for the past three years, Mr. Doussept previously worked as an IT consultant and
administrator for two local companies.
He was educated at St. Clair College in Windsor, Ontario, Canada, following which he served the
IT needs in a number of major firms, including Hewlett Packard (HP), where he was a server engineer,
and PMC Sierra, a Fortune 500 company, where he served as IT administrator for research and development.
He has also served as the IT administrator for the Ottawa International Airport.
In addition to such impressive IT experience acquired over the last ten years, Mr. Doussept has
impeccable qualifications. He is certified by three of the major information technology companies: Microsoft,
where he qualified as a server administrator and engineer; HP, where he was accredited as a systems engineer; and
Cisco, where he was certified as a network associate.
Mr. Doussept is proud to be serving the people of Cayman Islands as a civil servant, and looks forward to
continued assimilation into the Islands’ rich culture.
Consultech Development Advisors Limited, a local service provider in partnership
with their external partners in Jersey is responsible for the development of the
website.
Organizational Chart
Organizational Chart
Customer Complaints Procedure
Judicial Administration strives to meet the needs of our customers, but we recognize
that there maybe some occasions when the actions or comments of staff will not meet your
expectations. The below listed Complaints Policy was formulated to allow us an opportunity
to ensure the expectations of our customers are met.
What is a Complaint?
You make a complaint when you are not happy with the standard of service, lack of
service or form of service you have received from us. Any expression of dissatisfaction
will be considered a complaint. Complaints can be made by an individual client or group
of clients.
Please remember that allegations of errors by a Judicial Officer in the conduct
of legal proceedings can only be determined by a court of law usually through an
appeal to a higher court. There are time limits for the filing of appeals. You
may wish to seek legal advice to determine whether appealing the decision in your case
is appropriate. Court staff cannot provide legal advice.
How to a Submit a Complaint?
Complaints must be submitted in writing. You may deliver in person or by post.
Complaints should be addressed to:
The Court Administrator
Judicial Administration
P.O. Box 495
Grand Cayman, KY1-1106
When submitting a complaint, please try to provide as much detail as possible, for example:
- The service, policy, person, or aspect of the Judicial Administration you are complaining about.
- The date, time and location where the incident took place.
- Details of information/misinformation received from staff.
- And any other information you feel would help us better or clearly investigate your concerns.
You must provide your name, address and contact details (email is particularly helpful as a means of speedy communication). We do not accept anonymous complaints.
How Your Complaint will be handled
We will try to resolve your complaint as soon as we receive it, but if it cannot be
resolved immediately we will write to you to acknowledge your complaint within 5 working
days of receiving it.
We will investigate your complaint and we will endeavor to provide a formal response
within 25 working days. If the complaint is complex and we cannot meet this deadline, we
will send you progress reports.
If your complaint is found to be justified, a formal apology will be issued to you. Any
formal action taken will be documented in writing; however will remain as confidential
information on the affected employee’s file.