Kwaku Asare, a Ghanaian professor working in the United States, has challenged Chief Justice Kwesi Anin-mandate Yeboah’s for justices to hear cases of senior lawyers first.
Any judge who feels that junior lawyers and their clients should spend time watching older lawyers is likely to be biased, according to Prof Asare.
Mr Anin-Yeboah issued the circular to judges on Monday, April 11th, stating that junior lawyers should learn from their senior colleagues.
“I would advise all Trial Court Judges to strictly adhere to this age-old custom and resort to inviting applications from Seniors first,” the Chief Justice remarked.
“As we all know, the legal profession is entrenched in traditions and customs. Despite the principle of equality at the Bar, one of the traditions observed is the practice of summoning cases of those whose names are on the list of Lawyers in order of seniority of enrolment.
“Among other advantages, this approach allows a young lawyer to learn from Seniors to whom they would not otherwise be exposed, thus extending the whole legal education experience beyond what is taught in Chambers and other places of work.”
“It has recently come to my attention that some Trial Court Judges are failing to follow this procedure in court.
“While the right to call a case out of turn is not absolute and is subject to the convenience of the court, I would want all Trial Court Judges to scrupulously follow this age-old custom and invite applications from Seniors first, for the reasons stated above.” “I trust I will be able to count on your assistance,” the circular stated.
Prof Asare, who is also a senior private legal practitioner, responded to the direction on Facebook, saying, “Justice is useless if it becomes a respector of senior lawyers.” Judges promise to carry out the duties of their office honestly and faithfully, without fear or favor, affection or malice, and must not favor senior lawyers at the expense of junior lawyers.
“A judge who feels that junior lawyers and their clients should spend their time studying experienced lawyers is likely to be swayed by that idea, even if unintentionally.”
