Pleas from judicial leaders for filing judicial vacancies are increasingly common place in the United States and particularly in the federal court system. There are examples of delays in filing vacancies at the district court level in Texas of over 1,000 days. There are notable examples of appellate court vacancies or nominations being stalled for very long periods of time. Is it a broken Washington DC political system? Perhaps it is a broken judicial confirmation system. Or perhaps there is just something inherently hard about filing judicial vacancies. Chritin Schmitz has a very interesting story in The Lawyers Weekly on the judicial appointments issue in Quebec.

Biker gang and other prosecutions risk being thrown out for unconstitutional delay if Ottawa keeps dragging its heels on urgently needed judicial appointments, warns Quebec Superior Court Chief Justice François Rolland.

 

In an exclusive interview, the head of Quebec’s 145-judge superior trial court told The Lawyers Weekly he doesn’t know why the government has not moved to amend the Judges Act to create the seven new superior trial positions requested by the Quebec government last year. Five of those posts are expected to be dedicated to criminal matters.

 

“It’s really urgent,” Chief Justice Rolland told The Lawyers Weekly at the Canadian Bar Association’s legal conference here Aug. 17.

 

“Something is not functioning in the system and the solution is there. As far as I’m concerned, as an institution we’ve established our needs more than two years ago with [the Quebec government], and last year Quebec has agreed and has [authorized] seven more judges … [We need them] as soon as possible.”

 

Quebec has already seen high profile charges stayed in one mega-trial due to a shortage of judges and high-security courtrooms. In 2011, 31 alleged members and associates of the Hells Angels motorcycle club who were arrested in 2009, along with 125 others targeted in an investigation into gang-related murders and drug dealing, had their drug charges thrown out for unreasonable delay because the presiding judge concluded the case could not be heard until 2019.

 

And there are more unreasonable delay motions to stay proceedings pending, the chief justice pointed out. “So hopefully, by having these additional judges, the trials will be able to take place before 2017, [perhaps] in 2013 or 2014.”

 

Chief Justice Rolland emphasized “delays are increasing, and not only in criminal matters, but in civil matters. It’s a very difficult situation. That’s why we’ve asked for seven additional judges.”

For the complete story click here.