Daly: Bar Association’s involvement in silk selection was ‘error of judgment’

News

Jada Loutoo

12 hours ago

Senior adviser Martin Daly, former president of the Law Society, has added his voice to the raging silk choice debate.

In a June 27 statement, Daly, who is also a former independent senator and newspaper columnist, admitted he was “surprised” when he read the June 24 email report association president Lynette Seebaran-Suite sent to members.

“LATT’s participation was completely inconsistent with LATT’s public position on the matter, which is ‘a call to reform the method of selecting and appointing senior advisors, away from the sole choice of the executive, in effect the Prime Minister, to a transparent and independent process that includes responsibility,” Daly said in his statement.

Daly served as president of the association from 2008 to 2010.

He described LATT’s decision to participate in the selection process, given its position on reforms and the manner in which it did so, as an “error of judgment.”

He said: “I am referring to the committee selected by LATT to consult on the list of candidates for the position of Senior Advisor submitted to the President of LATT by the Attorney General (Consultative Committee).

“The composition of the Consultative Committee is kept secret.

“Hiding the names of members of the Consultative Committee is the height of the lack of transparency that LATT has publicly complained about.

“Perhaps unwittingly, the association has become an accomplice in the lack of transparency and accountability.”

Daly said he withheld further comments on the debate in hopes that the names of LATT Consultative Committee members would be publicly disclosed.

“Maintaining public trust requires revealing these names,” he said.

In her June 24 email, Seebaran-Suite described the involvement of LATT and herself as president in the selection process in 2024. She also said that the prime minister refused to meet with LATT in 2023 to discuss reforming the process.

Her explanation, which she said included consultation with other senior lawyers about a list of names she received from the Attorney General on June 4, was made after a press release was issued by LATT on June 20.

In that communiqué, LATT reiterated its call for the adoption of the recommendations of its 2015 “silk report” on the appointment of senior legal advisers “to ensure a transparent and independent selection process at specified intervals that is ultimately not subject to the dictates of the executive branch.”

Seebaran-Suite said in her email that LATT has been demanding reform for several years and calling for a review of the current method, regardless of the Board’s involvement as the final arbiter.

“Much has been said in the public domain about the need for transparency and independence and the undesirability of the political taint inherent in the current methodology.”

On the 2024 trial, Seebaran-Suite said she received a letter from South Carolina Attorney General Reginald Armour on May 21, a little more than a week after the May 13 call for attorneys to submit applications was issued.

She said Armor told her he had received 53 applications and she received that list.

Seebaran-Suite said she received permission from LATT’s lawyer to seek input from experienced lawyers on who should be admitted to the Inner Bar.

“The management committee has approved a list of Inner Bar members with whom I would like to consult,” Seebaran-Suite revealed in an explanation sent to members via email.

Newsday has learned that the “executive branch” is part of the association’s board.

She said that on June 3 she met with available senior legal counsels who would anonymously send her their chosen candidates.

“I then determined the names of the persons whose names would be transferred and forwarded them to the Attorney General on June 5, 2024.

She said that on June 4, the attorney general wrote to her to inform her whose names she would submit to the president.

“AG did not engage in any further discussions with me prior to the announcement of the winners.”

But her explanation and LATT’s dismissal raised more questions from lawyers about the association’s involvement in the process.

On June 20, Attorney Darrell Allahar wrote to the LATT president seeking answers and asking Seebaran-Suite new questions.

Criminal Bar Association (CBA) President Israel Khan, S.C., defending Seebaran-Suite, said in a June 25 statement: “Frustration with the trial has been unfairly and inappropriately directed at the president of LATT.”

Khan said there appeared to be no disagreement that the selection process should be changed and that the government should not play any role in deciding who should receive the silk.

However, he added that it found itself in a difficult position as it continued to advocate for the need for an independent committee among the association’s members, but participated in the 2024 process and indicated that it had an obligation to provide assistance, even though the association collectively believed that the process this one was defective.

In March 2023, Khan filed a request for interpretation, asking the courts to declare Silk’s current appointment procedure unconstitutional, arguing that it violated the principle of separation of powers by involving the Prime Minister in the selection process. LATT is a party to his claim.

On June 26, attorney Wayne Sturge sent a Freedom of Information request to the Attorney General seeking responses to the 2024 appointment of Senior Counsel.

Sturge asked 22 questions on the names of those who applied in 2024 and those found eligible for appointment as a Silk Judge, details of the consultation process between the Attorney General, the Prime Minister, the Chief Justice and the LATT, the methodology of the consultation process and the evaluation criteria or weighting system used to select successful candidates, and other matters.

On June 17, President Christine Kangaloo presented instruments of appointment to 13 lawyers. Two more received their instruments in the following days, as they were out of the country at the time. One more person is expected to receive the instrument, bringing the total to 16.

In her explanation of her membership in LATT, Seebaran-Suite stated that the practice of consulting the LATT president has existed for many years and added that she participated in it mainly for two reasons

She said these included: “The attempt to reform the process in 2023 was thwarted by the Prime Minister’s open refusal to meet with us and by the speed with which the appointments were made without further referral to LATT after the meeting request was rejected.

“Nevertheless, a willingness to participate in the process as a courtesy and to provide some guidance on the nomination process, despite the constraints of involvement, is encouraged.”