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Judges against Judiciary's position on no return-to-work policy - Trinidad and Tobago Newsday

THE option of in-person hearings will take place 'as soon as it is safe to do so,' Chief Justice Ivor Archie has said.

But, at least two judges are not pleased with this position. They want a return to a physical setting.

On Friday, with the further lifting of pandemic restrictions, the Prime Minister announced all public servants will return to work from Monday.

Outspoken judges, Justices Carol Gobin and Frank Seepersad, want the Judiciary to revisit its hybrid policy.

The relaxation of the Government's covid19 policy will now allow for public gatherings of no more than groups of 25 people who will, once in a public space and place where there is public interaction, have to continue to wear masks.

After Dr Rowley's announcement in the Parliament, there was a flurry of e-mail exchanges between the Chief Justice and the two judges.

Their conversation was copied to all members of the Appeal Court, High Court, Magistrates' Court and all Masters of Court.

In his response to Gobin, Archie thanked her for her concern but said the Judiciary's police on the maintenance of safe zones and access to buildings was under constant review and was guided by the advice of the Judiciary's medical professional team.

'I have also been continuously seeking and receiving feedback from judges, judicial officers, staff and court users, so I am aware of the various views, which include those who prefer online hearings and remote access, those who are very happy with hybrid hearings and wish those to be the approach going forward and those who like yourself wish to see no change from the old way of doing things.

'We are also in regular touch with judiciaries internationally which are in the main preparing for hybrid situations going forward,' Archie said.

He acknowledged he was aware that some would like in-person hearings to resume and for staff to be in office each day. However, he said, 'this must be balanced against the fact that over the past six months we have had 1,148 staff members on quarantine and as of this week we have 54 still in quarantine, 26 positives being monitored and six deaths.

'In those circumstances, we cannot have confidence that introducing staff into shared spaces such as rather cramped judges' bays would not exacerbate the situation.'

Archie said the Judiciary had a responsibility to ensure safety of staff and 'we must also be conscious of their challenges which include public transport and day-care and school-aged children still at home with no other means of supervision.

'I am aware that these are not issues with which we as judges are faced but I am very conscious of the difficulties faced by many members of staff,' he said.

In January, in response to questions on the re-opening of the courts, the Judiciary said in a statement to Newsday, 'the courts have sat and services have been delivered every day during the pandemic… Hence the concept of 'opening up' is moot.'

It also said it will continue to deliver services electronically and virtually.

The statement also expresse

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