"We will review and upgrade the court's administration system in order to reduce the time spent waiting for trial, including installing up to date court reporting systems...'' (their emphasis).

This statement was no doubt aimed to further one of the PLP's "policies, objectives and ideals'' stated on the first page of the Manifesto, namely: "A foundation of law, respected by the Government as well as the people.'' During her Throne Speech made on November 20, 1998 our new Premier stated: "In Bermuda we are able to provide our clients with almost every facility that the global company needs. Within the court system however, there is an urgent need for the retention of a judge that specialises in commercial law and a system of court reporting that allows for the accurate and efficient recording of complex computations and extensive evidence. Respect for the judiciary will be enhanced with Government's commitment to review court reporting systems and work to upgrade facilities so as to provide adequate space for the judiciary to do their work.'' I was therefore very disappointed to learn that despite committing to over $17 million of new expenditures in this year's Budget our new Government allocated zero dollars to the institution of a proper court reporting system in Bermuda.

In the Budget Statement our new Finance Minister spoke about: The "much needed support for the Judiciary'' which can be provided "by ensuring the appointment of adequate law officers and the much needed improvement of facilities''.

"Respect for the judiciary and its facilities'' which is "a significant plank in the Governments proposals''; The $1.35 million which has been allocated to the NDC in order to implement and administer the new drug court -- the money covers administration costs, a new magistrate, the renting of premises, drug testing, etc.

$167,000 which will support the financial investigation unit necessary to support the recent Proceeds of Crime Act 1997; The need to create an appropriate environment for international business; The need to develop the Island's domestic and international computing capabilities; The aim to promote the development of the Island as an e-commerce centre; New and better standards of internal administration and accountability.

What happened to the implementation of a court reporting system which the Government had acknowledged we "urgently'' need? A court reporting system is the means to all of the above stated laudable objectives. The "much needed support for the Judiciary'' will be best served by court reporting. "The much needed improvement of judicial facilities'' surely includes court reporting.

"Respect for the judiciary'' (and our country) can only be enhanced with court reporting. The drug court and defendants brought before it also deserve a court reporting system as those accused in criminal proceedings have an equal if not greater right to accurate reporting as do parties to complex corporate and commercial litigation. Proceedings brought pursuant to the provisions of the Proceeds of Crime Act 1997 (involving seizures of assets) should also be properly recorded. An appropriate environment for our international business should clearly include the provision of a court transcript after a day in the commercial court. Accountability on the part of all judicial officers, including lawyers, is another benefit that follows with court reporting. How can we aspire to be a world leader in e-commerce with international computing capabilities if we can't even manage to introduce a proper court reporting system? The concerted rush to prepare Bermuda for a role as a world leader in e-commerce sits in stark contrast to the seemingly dreaded reluctance on the part of our legislators to implement what is a given in any other developed democratic country in the world. What is the reason for this? The mechanics of implementation cannot be difficult. Overseas stenographers could train ten Bermudians to be stenographers over a two or three year period. (we have only eight courts in operation here and very rarely are they all operating at the same time). Cost cannot be an obstacle either -- in fact, the cost savings would seem to be another compelling argument for its introduction. For the price of the salaries of a few stenographers and administrative costs, we would save an incredible amount of court time, including the time we currently spend waiting for the judge to make a proper note, the time we currently spend arguing about what was said in the court below and the time we currently spend arguing about the accuracy of the judge's notes. The only possible beneficiaries of the current drawn out process are those who are being paid by the hour for their time in court and, as a practising litigation attorney, I can assure you that the vast majority of my profession would welcome this vital improvement in the delivery of justice to the community.

The PLP's objective of "a foundation of law, respected by the Government as well as the people'' requires Government to follow through on its pre-election campaign promise on this issue. Bermuda is a laughing stock to the rest of the world when one of our esteemed judges gets out his or her pen and begins the laborious task of writing down every question and answer in cross-examination.

Our competitors in the Cayman Islands no doubt enjoy knowing this. Even Ethiopia, a country bereft of the basic necessities of food and water, has a proper court reporting system.

No disrespect to the judiciary is intended by this letter. Our magistrates and judges can only act within the physical, economic and legislative parameters set by our legislators. This letter is also not meant to be a political attack on the PLP. Our last Government had over 30 years to implement a court reporting system yet did nothing. The Bar Council of the Bermuda Bar Association has done nothing either. I am told by senior members of the Bar that the issue of court reporting is put on the Council's agenda every few years and then, after some discussion, fades away again. Apparently a sub-committee of the Council has recently been formed to meet with the new Government on the issue of court reporting. When I began to distribute a petition to fellow members of the Bar some months ago in favour of a proper court reporting system, I was told by a senior member of the Bar that "this isn't necessary. Court reporting is a done deal. We are meeting with the Government about this''. Nothing of course has come of this. Meanwhile, the petition is gaining signatures daily.

In concluding his Budget Statement, our Finance Minister stated that "this Budget establishes clearly that the PLP has formed a Government to follow through on the promises made in its pre-election platform and in the Throne Speech. The country can feel confident that this Government's hands are at last at the wheel''.

I will feel confident when the promise of court reporting is fulfilled, and we are all reading from the same transcript. It is not much to ask for, given the grandiose plans for e-commerce and the like.

JULIANA JACK Barrister & Attorney Paget