A protocol has been established to maintain “high standards of personal and professional conduct” expected of judicial officials in handling cases.

It came after revisions involving multiple consultations with various interests in the field — including members of the Judicial and Legal Services Committee, the Court of Appeal, Supreme Court judges, registrars and magistrates.

Last year, grievances from members of the public had to be put on hold after a Court of Appeal ruling found that the JLSC, set up in 2013 by George Fergusson, the former governor, had “no power” to deal with them.

In a circular addressed to legal stakeholders last Friday, Chief Justice Larry Mussenden said it was his “pleasure” to announce that the revised protocol was now in effect and the JLSC could get to work.

Mr Justice Mussenden said the revisions, under way for more than a year, had been geared at aligning the protocol with the Court of Appeal’s ruling, that the JLSC would act in an advisory capacity to the Governor.

He added that the protocol established who was eligible to sit on filtering committees — bodies that carry out preliminary assessments of the merit of complaints.

Other changes include “various ways in which a successful complaint may be dealt with”, and the introduction of an appeal procedure related to complaints determined by the Chief Justice or the president of the Court of Appeal.

This would stand in exception to complaints determined by the Governor, who retains final say in relation to members below the level of the Supreme Court.

LeYoni Junos, of the Civil Justice Advocacy Group, had argued that the JLSC was an “unconstitutional body” that lacked authority to investigate or hear complaints against local judges and called for a judicial review.

The case was rejected by Puisne Judge Juan Wolffe in March 2023 but Ms Junos sought to appeal the decision to the Court of Appeal.

Last January, the Court of Appeal upheld the ruling by Mr Justice Wolffe.

In February 2019, the Civil Justice Advocacy Group, a pressure group led by Ms Junos, challenged the legitimacy of the JLSC, to John Rankin, the then Governor, regarding the behaviour of the Chief Justice.

Later that month, Government House told the group the complaint had to be resubmitted to the JLSC in accordance with its “complaints protocol”.

The group, in an open letter sent to Rena Lalgie, Mr Rankin’s successor, said it had filed the civil proceedings against the Governor on May 17, 2019, but that it “was met with absolute silence from the judiciary”.

The CJAG subsequently filed for a judicial review of the Governor’s decision in the Supreme Court, arguing that the JLSC was an unconstitutional body with no legal authority.

Mr Justice Wolffe refused the application in a written decision, finding that while the JLSC was not enshrined in the Bermuda Constitution, the Governor was entitled to create processes and procedures for how judicial complaints were handled.

Ms Junos then took the matter to the Court of Appeal, who in 2023 heard the application for leave to appeal and the appeal itself on a provisional basis.

Since its establishment in November 2013, the JLSC has made recommendations to the Governor on the appointment of judges, magistrates and the Director of Public Prosecutions.

The JLSC is chaired by Sir Christopher Clarke, President of the Court of Appeal.

The other members of the body are Mr Justice Mussenden; Bermuda Bar Association president Jerome Wilson; David Jenkins, a former chief justice of Prince Edward Island Court of Appeal in Canada; Caribbean Court of Justice judge Adrian Sanders; former Ombudsman Arlene Brock; and former independent senator James Jardine.

The body will now set about addressing existing complaints.

Mr Justice Mussenden told The Royal Gazette: “There are about 12 complaints which will be addressed as soon as practically possible.

“No complaint has been given priority and no timeline for adjudicating on all the complaints has been set.

“However, the President of the Court of Appeal and the Chief Justice are keen to have all the complaints determined in a reasonable time frame after which the JLSC will deal with complaints in a timely manner once submitted.”