There is a desk calender in the office of Caribbean Court of Justice (CCJ) judge Desiree Patricia Bernard and the words of inspiration for last Thursday were, "Prayer graces me with the blessed opportunity to work in sacred partnership with God to bring about more blessings.""I don't do anything in life without prayer. God has always been my guide, my mentor. I am deeply religious," said Benard.Chancellor of the Anglican diocese in Guyana where she was born, Bernard, who is a single mother of a daughter, attorney Carol Ann Bernard, said she was a regular churchgoer and begins and ends her day with prayer.
At 73, she is due to retire this month and she spoke to the Guardian about her long and illustrious legal career and aspects of her personal life at the CCJ's office on Henry Street, Port-of-Spain.The list of her professional qualifications and experience fills eight pages. But she seemed more interested in talking about other aspects of her life.From her computer, she printed a copy of a speech she delivered at the former Inns of Court School of Law on London in December last year on "Being a Judge in the Modern World".Among the issues facing modern judges are cyber crime, environmental crimes and, yes, same sex marriages, which never came up for judicial consideration 30, 40 years ago, she said.The local gay community is clamouring for recognition and rights and the T&T Guardian asked Bernard how, with her Christian background, she would judge such a matter.
Noting she was certain Caribbean judges would have to deal with gay rights cases in the not too distant future (there has been none so far), she admitted, "It will be difficult to judge.
"In the debate, some churches has one position and civil society has another."Bernard said the Anglican church in the US, called the Episcopal church, has its position. This church supported equal rights for gay and lesbian people.She said the Church of England had its position too. Media reports said there was a proposal by the church suggesting clergy should be able to offer gay marriage service and should welcome gay people into congregations."There are some dioceses that are in favour and some are not. Some say it is something one should never entertain. I think it has been in existence a long time but has been kept quiet and subdued."But she added, "Your own personal views (as a judge) ought not to be dominant."You are dealing with a legal issue. Does the law support it? Is there a provision in the Constitution for it?"One should try as much as possible not to reflect personal views. It's not about you. It's about the parties before you."It's not always an easy thing to do."
Bernard had a few things to say on the senselessly high murder rate in T&T, as well. "People are always bemoaning the high crime rate."But I always felt the established churches could play a greater role in helping. If the churches went out, not wait for people to come, this would help."They have to go into the communities. Young people are growing up without any values. They use the word kill like a reflex action."They need God in their lives. It would inform them of right and wrong."Bernard was appointed the first female judge in the CCJ and first female head of the judiciary in Guyana.She was the first female chief justice in Guyana, and in the Caribbean. And the list goes on.She said: "I didn't set out to be the first of anything. My first concern is whether you are up the task."The achievement itself is secondary. If honours come after, they come."
When Bernard was appointed to the high court bench in 1980, the judiciary, at that level, was still a man's world."I think we have gone past that now. There are women judges in most of the Caribbean jurisdictions and some have gone on to head judiciaries. It's no longer exclusively male."And she does not think a judicial appointment should be made because a person is a woman.
"The chief criteria should be met."Bernard will spend the next four or five years of her retirement as judge on the Inter-American Administrative Tribunal in Washington."People feel when you retire you have time and they put things on you," she said.She plans to spend more time with her daughter and grandson, Andre Jarvis, and doing the things she enjoys like reading, photography and cooking.