“Good riddance.”
That was the blunt reaction of head of the Criminal Bar Association, Israel Khan, SC, to reports that Chief Justice Ivor Archie may be considering stepping down ahead of schedule.
A Sunday newspaper article suggested Archie was asked whether he planned to retire as head of the Judiciary and chairman of the Judicial and Legal Service Commission at the start of the 2025–2026 law term. He was quoted as saying he did not intend to demit office in September.
“However, if and when that decision is made, I shall be happy to have a discussion with you,” the Chief Justice replied.
Archie, who turned 65 on August 18, has another five years before reaching the mandatory retirement age of 70. The retirement age for judges was raised from 65 to 70 in 2020.
Khan, who has long been one of Archie’s most vocal critics, welcomed the possibility of his departure.
“If he is retired, my comment will be good radiance; it’s time he leaves the judiciary because the judiciary is in a total mess.”
Khan suggested Archie could be attempting to pre-empt speculation that the Government is weighing whether to invoke Section 137 of the Constitution, which allows for the removal of judges on grounds of misbehaviour or incapacity, over his role in the Marcia Ayers-Caesar controversy.
The Senior Counsel also renewed concerns about the state of the nation’s courts, pointing to delayed murder trials that have left some accused incarcerated for up to 15 years without a date set for trial.
He further highlighted more than 600 police killings over the last 27 years and criticised the Chief Justice for failing to establish a Coroner’s Court to determine whether officers acted lawfully.
“So many outstanding killings of citizens and nothing has been done since he came into office,” Khan said.
Despite the criticism, Khan acknowledged Archie’s judicial ability.
“He is a very good jurist,” Khan said, before adding that his “appetite for … and I will stop there” had caused his downfall.
Khan said he had no interest in succeeding Archie, as he is beyond the qualifying age. He suggested instead that the next Chief Justice should come from within the Judiciary, naming Justices Mark Mohammed, Geoffrey Henderson, and Ronnie Boodoosingh as possible successors.
A senior judge, speaking on the condition of anonymity, also welcomed the possibility of Archie’s departure.
“The judiciary is not at a place where it should be, and citizens deserve better,” the judge said.
The judge claimed the criminal justice system was in chaos, with a severe backlog of trials and no clear statistics on how many in-person hearings have taken place.
He argued that the Masters’ Court was functioning as “an inflated magistrates’ court,” handling indictable offences that should properly remain before magistrates.
“But of course, masters are paid 30 to 35 percent more than a magistrate,” the judge complained.
In civil matters, he said there was a “judgment crisis,” noting that a recent letter from the Chief Justice revealed 435 outstanding judgments among just 14 civil judges.
“This is outrageous and demonstrates that the judiciary has operated, notwithstanding recent salary increases, without the requisite degree of accountability and leadership,” he said.
The judge also criticised the continued reliance on virtual hearings, pointing out that courts in San Fernando remain largely non-functional.
“Citizens deserve to be seen and to be heard,” the judge said.
He said a new Chief Justice could begin to address these concerns, adding: “If there is a departure and a new Chief Justice is appointed, then hopefully some of these matters could be addressed to the benefit of the citizens of the Republic of Trinidad and Tobago.”
The CJ’s tenure has been marked by controversy, including former chief magistrate Marcia Ayers-Caesar, then newly appointed as a High Court judge who was forced to resign after it emerged she had 53 matters unfinished.
This year, the Privy Council criticised Archie’s handling of the matter, describing it as a significant failing in judicial management.
Guardian Media sent questions to the Chief Justice, who had not responded up to yesterday evening. Justice Minister Devesh Maharaj also did not respond to calls or messages.