Attorney General Addocks favours an open door policy
public glare.
That is part of the philosophy brought to the post by Attorney General Mr.
Walter Maddocks, since he took over in 1991.
Mr. Maddocks said: "It is part of the justice system and justice should not be conducted behind closed doors.'' Bermuda's 48th Attorney General admits there have been changes in the chambers since he took over from Mr. Saul Froomkin.
Mr. Maddocks said: "There is a difference in philosophy. Mr. Froomkin was a criminal advocate and a very good one. He was the Crown's top advocate.
"I do not think the Attorney General's role is for me to be the top advocate.
That role can be filled by the Solicitor General and we have a number of Crown Counsel who do that perfectly well.
"I feel the Attorney General needs to be in general control of his chambers.
I need to be a supervisor and administrator.'' That role includes legislature, advisory and formulating policy in consultation with the Cabinet.
But it does not keep him out of court completely. He said: "I do go to court in cases where I feel it is appropriate that the first law officer should be there.'' But it is not often. For example a four-week murder trial would mean he was out of chambers for a lot of important business.
Mr. Maddocks has made changes in the chambers over the past 18 months including improving the physical security of the offices.
He said: "I believe that the files in this office should not be open to anyone who comes in here. All the files are now secured and there is an office security system. We must defend people's private lives.'' The environment of the office has also improved which has gone a long way to improving the working atmosphere.
And the staff have also been split into three sections -- parliamentary, advisory and the Crown Counsels. They are all encouraged to work as teams. The parliamentary section helps to draft legislation working together with the Government.
Government departments look to the advisory section when they are seeking legal advice on a whole range of matters.
The Crown Counsel are normally in court acting for the Crown in criminal and civil matters, but Mr. Maddocks has strong views about how they should be seen in their roles.
He quoted Sir Malcolm Hilbery who said: "Prosecuting counsel should be an officer of justice. He must present the case against the defendant relentlessly, but with scrupulous fairness.'' Mr. Maddocks said: "In other words, he must prosecute, not persecute. In practice this means that he must present all the facts of the court, whether they are favourable or unfavourable to his case.'' His department has been discouraged from having a "scorecard'' attitude towards cases. Mr. Maddocks said: "Prosecuting counsel do not win cases nor suffer defeats according to whether an accused is convicted or acquitted. The only time in criminal proceedings that the Crown loses is if justice is not done.'' The Attorney General is attempting to introduce more Bermudians into his chambers but he faces a constant battle with private firms.
Young lawyers leaving law school are often lured into the promise of money and partnerships in the private sector.
But Mr. Maddocks introduced a scheme 15 months ago which will give lawyers a five-year introduction to all aspects of the work of the Attorney General's Chambers.
He said: "We are trying to increase the numbers of Bermudians in these chambers. This scheme is not really a training scheme because the people here are all very, competent.
"We just hope they develop an attachment to the chambers and stay to work here.'' But it means a Catch-22 situation where the young lawyers are trained so well that they become targets for the private firms.
Mr. Maddocks is proud of being part of a historical position dating back to 1698, and he is certain his staff are just as proud to be involved in the chambers.
He said: "It is a wonderful feeling when you realise how far this office goes back in history. It can give you a sense of awe.'' And he realises the importance of such a position in terms of how the community views the office of Attorney General. This is the main reason he advocates an open door policy to the media so the public can see how the law is working.
Mr. Maddocks said: "The public has to know they can trust the Attorney General.'' ATTORNEY GENERAL -- Mr. Walter Maddocks.