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

Mrs. Delene Cacho, Courts 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

Mr. Valdis Foldats, Clerk of Courts 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

Cecile Collins, Deputy Clerrk of Courts 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

Mrs. Audrey Bodden, Registrar, Court of Appeal 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

Mrs. Yasmin Ebanks, 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

Mrs. Velma Powery-Hewitt and Mr. Michael Williams, Court Bailiffs 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

Mrs. Lillian Curbelo-Bush, Administrative and Finance Manager 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.

Housed 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.

Mrs. Beverley Speirs, Librarian 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

Court Reporters Mrs. Karen Woon-Sam, Mrs. Karen Myren, Ms. Carol Rouse 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

Mrs. Jennifer King, Legal Aid Officer 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

Mrs. Jacqueline Scott, Maintenance Manager 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

Court Marshalls (front) Mr. Donovan Ferron, Ms. Nora Ebanks, Mrs. Ola Mae McLaughlin, Mr. Cloden Douglas; (rear) Mr. Winston Bodden, Mr. Wellington Dilbert, Mr. Bruce Levy

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

Security Officers: Gerry Campbell, Ricardo Thompson, Melbourne Mordecai, Sylvester Laws, Marlene Collins, Courtney Levy, Conrad Ramsay 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

Information Technology

The importance of information technology to the efficient management of a modern court administration system is now beyond debate. Plans to computerize the court registries have been in place since 1996 when the Professional Computer Software Services Judicial Enforcement Management System (PCSS JEMS) was purchased. Difficulties of interfacing with the general government system delayed its implementation. However those difficulties have been overcome and the Civil Registry is now fully computerized and the Criminal Registry is almost fully on.

This computer system will allow further innovations through the judicial-legal information website through which electronic filing and searches directly into Civil and Criminal Registries will ultimately be possible for authorized users of the site. Such filing and searches will be by encrypted access and authentication will be available by appropriate certificates. This will mean that users at locations remote to the Court House will be able to file pleadings and other forms and documents electronically and these filings will be authenticated so that they can be relied upon as the record of the cases for use in Court. Searches of the record systems of the Courts will likewise be available and authenticated so that the records produced electronically can equally be relied upon by persons and institutions external to the Court.

There is already in Courtroom No. 5 a fully computerized facility where large and complex cases are tried by using large digitized data bases of hundreds of thousands of documents without which facility such trials would last for much longer periods of time because of having to manage such huge volumes of documentation in hard copy. Also from this Courtroom, evidence is taken by video conferencing from witnesses around the world and real-time court reporting presents the written evidence on computer screens for the judge and attorneys as soon as the evidence is given. It will be a result of the overall computerization projects for the Courts that evidence filed in digital form can be presented in that form in the courtroom.

Ultimately, the objective is to enable all courtrooms to realize all the benefits of information technology.

Consultech Development Advisors Limited, a local service provider in partnership with their external partners in Jersey is responsible for the development of the website.