PRESIDENT OF the Jamaican Bar Association Jacqueline Samuels-Brown says the backlog in cases is not restricted to divorce matters and there is a general concern in the profession that "cases are not being completed as expeditiously as they should".

In relation to divorce matters, she says, "New rules of court introduced to speed up divorces have, unfortunately, not had the desired effect."

"According to the new rules, in simple divorces, once the correct documents are filed, you should get your divorce. Yet, in many instances it is taking longer to get a divorce than before, when the person applying for the divorce had to personally attend court on an appointed day and give evidence," Samuels-Brown points out.

Out of their growing concerns, the civil and family law subcommittees of the Bar Association have been monitoring the situation. Together with the rules committee of the court, and direct dialogue with the chief justice, they have put forward proposals for addressing the problem.

"This is a continuous process and even this week, representatives of lawyers, judges and the registry met to review the situation," states Samuels-Brown.

Teething pains

The backlog of divorce cases was due, says Samuels-Brown, to teething pains, which must be addressed: "In any new system it must be expected that there will be teething pains, but that cannot provide an excuse anymore. Sometimes there are errors on the documents and sometimes there is disagreement or lack of clarity as to what the new rules require or permit."

At the base of all these problems is inadequate resources, says the Bar Association president. "There is need for a general review of the manpower needs of the court," Samuels-Brown states.