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[BBC News] Manx court needs new High Bailiff


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Michael Moyle will be a big loss to the ranks of the judiciary. A hard working decent man. You know where you stand with him. He is straight and fair. He is not devious or insidious. I wonder how many of the rest of the judiciary can claim the same?

 

Not all of them, that's for sure.

 

Now that the Administration of Justice Act 2008 allows temporary 'deemsters' and other 'judicial officers' to be appointed from the ranks of Athol Street at more-or-less the nod from a first deemster (with a token 'aye' from the governor) I fear that Michael Moyle's retirement marks a decided downward turn in the integrity of the Manx Judiciary.

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The justice Act has nothing to do with the candidature for or appontment of a full time Judicial Officer such as a High Bailiff

 

It does however allow Acting deemsters, High Bailiffs, Small claims assessors, Chairman of Licensing Court of Appeal , Coroners of Inquests etc to be appointed from the manx Bar as well as existing temporary appointmens from England

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The justice Act has nothing to do with the candidature for or appontment of a full time Judicial Officer such as a High Bailiff

 

I know that John. I know.

 

But what I did say regarding the Administration of Justice Act, led me to state "Michael Moyle's retirement marks a decided downward turn in the integrity of the Manx Judiciary".

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The justice Act has nothing to do with the candidature for or appontment of a full time Judicial Officer such as a High Bailiff

 

I know that John. I know.

 

But what I did say regarding the Administration of Justice Act, led me to state "Michael Moyle's retirement marks a decided downward turn in the integrity of the Manx Judiciary".

 

Whether the turn is downward or upward will surely depend on who succeeds Mr Moyle. Until you know that, it's a bit premature to be passing judgement.

 

S

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Right....

 

I realise that my post could be mis-construed. My fault. Apologies to John. However I did not actually state or mean, that the Administration of Justice Act will have any direct bearing on the appointment of the new High Bailiff.

 

The point I was trying to make was that - in my humble and honest opinion - is that Michael Moyle is probably the last of the old school, so to speak, judiciary. It will soon be the case that judicial officers will be plucked from advocates, on a temporary or as required basis. The last full Deemster appointment was made directly from Athol Street, whereas it has been customary for deemsters to have previously held the post of Attorney General or High Bailiff. An apprenticeship before becoming a Deemster sort of thing.

 

The judiciary have had a long, long history on the Isle of Man. The deemsters can be traced back to the 13th century (the fact that for a few hundred years the deemsterships were held in the Christian family regardless, is another story). That said, over the past couple of hundred years or so all appointments have been made with much publicity and gusto. And more recently they are Crown Appointments. So the people were all fully aware of who the judiciary were and of course their past . . . .

 

That will now no longer be the case. It is left up to the one man to pick and choose his blue eyed boys and girls. Yes, a bit simplistic I know but the point should be clear.

 

I have only very little faith that the way things are going are for the better.

 

It may seem crass just now, but I would liken the situation to banking. The days of The Bank Manager being an upright, sober, highly moral pillar of society are long gone . . . . they have been replaced by a very different animal.

 

Likewise the judiciary, our judges.

 

And I don't make these comments lightly. Oh no.

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I don't really get your points.

 

(1) Michael Moyle is also a lawyer by training. In what sense is he different from lawyers that may be appointed to succeed him? Your argument appears to be that our lawyers used to be fine, upstanding members of the community so then it was fine, but that the current crop are morally dubious. How do you propose rehabilitating the Manx legal community so that they meet your standards for judicial office? It is inevitable given the requirements of the job that judges (excepting lay magistrates) must be drawn from among lawyers (practising or academics).

 

(2) The Administration of Justice Act 2008 allows for the first deemster to make temporary appointments. This isn't a temporary appointment.

 

(3) The fact that appointments were made by the Crown does not mean they were explicitly or implicitly approved by 'the people'. I expect the process worked in a similar way to judicial appointments in E&W, where judges were given the nod by the Lord Chancellor's office, usually after they had taken soundings from other judges. An open application and selection system seems far more appropriate.

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Michael Moyle will be a big loss to the ranks of the judiciary. A hard working decent man. You know where you stand with him. He is straight and fair. He is not devious or insidious. I wonder how many of the rest of the judiciary can claim the same?

 

??? :ermm:

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