Women of the bench win vote of confidence
Over the past two years, their make-up and decision-making have been energised by the appointment of three women: Puisne Judge the Hon. Mrs. Justice Wade, Magistrate the Wor. Cheryl Ann Mapp and acting Magistrate Ms Charles-Etta Simmons.
To determine how the new judges are handling themselves in an environment that was once the preserve of men only, The Royal Gazette talked to members of the legal profession.
In particular, we were curious to learn if they were seen to handle themselves in the same manner as their male counterparts.
The picture that emerges is of three women who command professional respect, who exhibit greater sensitivity towards defendants and victims, and who are equally devoted to seeing that justice is done.
"There is a difference just by virtue that they are female,'' said Ms Sharon Kenny, Bermuda's only female Crown counsel.
"Women on the bench can bring an element of compassion that is missing from males. On the other hand, when there is a child payment issue, you may find that a female is more stern.'' Ms Kenny said she found the female judges to be more courteous to counsel because they did not have "an ego problem''.
"I approach my cases differently from my male counterparts because we (women) are used to being the care givers, the ones that are compassionate and show feelings,'' she said.
"Men are more interested in logic and facts alone. That's why it's important to have females on the bench. It gives more balance.'' Although she has taken part in only one trial before Mrs. Justice Wade and preliminary inquiries before Mrs. Mapp and Ms Simmons, Ms Kenny said: "They are all very competent people.'' Former Magistrate and veteran defence lawyer Mr. Richard Hector agreed.
Female judges were becoming common all over the world, he said, adding that "this is something that has not come a moment too soon''.
Mr. Hector said 47-year-old Mrs. Justice Wade, who became Bermuda's first female Puisne Judge in December, 1991, "brought a fresh approach to the judicial bench''.
Referring to one of his cases before Mrs. Wade, he said: "Not only was she concerned with meting out penalties, but she was also concerned about what would happen to the prisoner later on.'' While noting that Mrs. Wade was fairly new at her post and "still has to find her way'', Mr. Hector said: "It is refreshing to have a woman as a judge. She can bring a different approach''.
He also praised the 28-year-old Mrs. Mapp, a former Crown counsel, who last year became the first Bermudian female magistrate.
"She must be the youngest magistrate in our judicial history,'' Mr. Hector said. "And she's doing a tremendous job on the bench.
"She has experience with the Crown. But that does not make her one-sided.'' Mr. Hector said Mrs. Mapp "feels the need to lecture defendants for their good.
"She makes it clear what she expects from them in the future and she takes a lot of time to make them understand what she is trying to get across. That's a good thing.'' Of 41-year-old Ms Simmons, lawyer Mr. Michael Scott said: "I haven't seen that much of her. But she brings to the bench the refreshing approach of an attorney from the private Bar.
"Yet I have noticed that she easily takes on the role of judge and does not have an unwielding, unbending attitude toward the defendant -- nor does she have a slavish bias toward the prosecution.
"She has a good grasp of the law. And I've found that she discharges her duties admirably. She's a very fair judge.'' He said he also found Mrs. Mapp unbiased despite her past ties with the Attorney General's Chambers.
"Although she was Crown counsel, she does not strike me as a magistrate who has an unfair leaning towards the prosecution,'' Mr. Scott said.
"She seems to have completely severed that Crown counsel tie. And she's to be complimented for that.'' Mr. Scott agreed with Ms Kenny that lady magistrates tended to be more sensitive to the issue of collection of maintenance for child-support payments.
"Mrs. Mapp, and Mrs. Wade as well, make sure the welfare of a child is a matter that they undertake very seriously,'' he said. "They leave no doubt with the payers about where they are coming from.
"Mrs. Wade has made meteoric progress as a judge. She is the first lady to be appointed as a justice and a most serious-minded lawyer. I know she takes her responsibility as a Supreme Court judge seriously.
"I think we will find as she continues to sit on the bench the depth of her experience will make her a good candidate for the post of Chief Justice.'' This would come as no surprise to lawyer Mr. Tim Marshall.
"Bermuda traditionally has been way ahead of other jurisdictions in terms of equal opportunity for (lawyers) like Lois Browne Evans, Ann Cartwright DeCouto, Diana Kempe, and Norma Wade,'' he said.
"No one ever thinks about whether your counterpart is male or female. It is accepted. Therefore I don't think there is a great deal of discussion about Bermuda appointing female judges -- it is natural.
"It is not a question of male or female, but whether they're competent.'' Mr. Marshall noted that when he articled in Calgary one could count on one hand the number of female law partners among a population of more than 200,000.
"But when I got back to Bermuda, it was not even an issue,'' he said.
"Some of the most experienced, senior counsel on the Island are females and they are recognised for their competence and their expertise. And it is just a natural progression that females in the field will aspire to be judges.'' Lawyer Mr. Archie Warner said he believed there was no particular difference between a male and female judge.
"I don't think there should be much of a difference,'' he said. "There should not be a bias, especially in criminal cases.'' While noting that Mrs. Mapp was "particularly good and has brought a better understanding to domestic court'', Mr. Warner said: "I don't think there is much of a difference of style in criminal matters.
"Both Mrs. Mapp and Ms Simmons are Bermudians, so they have more of an understanding of the problems of Bermuda and therefore bring about better justice in domestic matters.'' "Mrs. Wade is a good judge,'' he added. "However she's very, very conservative and cautious. But she is fair.'' One lawyer, who asked not to be named, said: "There is a difference in their (female judges) style and approach, especially on issues like domestic violence.
"Sometimes they may go too far the other way. I don't think it's a balanced approach.'' The lawyer agreed with Mr. Warner's observation about Mrs. Justice Wade.
"Norma needs more compassion and understanding,'' he said. "She's overly cautious and almost book-like in her approach, rather than stepping back and looking at the circumstances as they unfold.
"She has to step back and bring herself up to speed in criminal and commercial matters, but in domestic matters she has no equal.'' Calling Mrs. Mapp and Ms Simmons "no-nonsense judges'', the lawyer said: "They are sometimes similar in their approaches. Cheryl's approach to criminal matters is good. She was prosecutorial, but now she's more even-handed and more inclined to disbelieve Police and Crown counsels.
"Overall, they do bring a certain respect for women sitting on the bench by the men who appear before them. And it does set a role model for other women in the community. This is something that needs to be increased.'' Hon. Mrs. Justice Wade. Ms Charles-Etta Simmons. Wor. Cheryl Ann Mapp.