Background and Structure
Background
OCCBA is the successor of an organisation known as the West Indies Bar Association which was established in 1957 in Barbados after a conference in Trinidad in 1952. As far as can presently be determined, there were meetings in Barbados on the 27th April, 1968, in St Lucia on the 22nd September, 1971, in Grenada on the 13th September, 1975, in Jamaica on the 4th March, 1976, in Jamaica on the 6th September, 1986, and
subsequently in Barbados.
OCCBA Governance
OCCBA is governed by a Council of which each Bar Association has two members. Its day to day functioning is carried out by its Executive which has all of the powers necessary to carry out the decisions of the council and to undertake the administration of the organisation in accordance with its Constitution. The powers of the various organs of the OCCBA are set out in it constitution.
OCCBA EXECUTIVE OVER THE YEARS
Since the establishment of the organisation in 1957 the organisation has had the benefit of leadership in its executive body of many outstanding jurists from throughout the Caribbean region. A list of Executive members from the year 1962 is hereafter set out:
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1968-70
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J.B.Dear, QC (Barbados)
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President
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H. deB Forde, QC (Barbados)
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Secretary/Treasurer |
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Frank Misir, QC
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Vice President |
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Lloyd Luckoo, QC
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Vice President |
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Kendall Isaacs, QC (Bahamas)
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Vice President |
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Leacroft Robinson, QC (Jamaica) |
Vice President |
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Sir Garnet Gordon, QC
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Vice President |
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| 1970-73
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Leacroft Robinson, QC (Jamaica) |
President |
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Norman Hill, QC (Jamaica)
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Secretary/Treasurer |
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Kendall Isaacs, QC (Bahamas)
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Vice President |
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H.G. St. John, QC
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Vice President |
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Henry Hudson Phillips, QC (T&T)
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Vice President |
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Lyle Hosten QC
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Vice President |
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J.O.F. Haynes, QC
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Vice President |
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| 1973-74
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Henry Hudson Phillips, QC (T&T) |
President |
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Dr. Eneas Wills
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Secretary/Treasurer |
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Elliot Mottley (Barbados)
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Vice President |
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Donald Robinson, QC
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Vice President |
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Norman Hill, QC
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Vice President |
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Eugenia Charles (Dominica)
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Vice President |
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Sir Maurice Davis, QC
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Vice President |
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1974-76 |
Norman Hill, QC
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President |
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Time Kendall (Antigua)
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Secretary/Treasurer |
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H. deB Forde, QC (Barbados)
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Vice President |
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Donald Robinson, QC
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Vice President |
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Desmond McNamara, QC
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Vice President |
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Henry Hudson-Phillips, QC
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Vice President |
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Eugenia Charles (Dominica)
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Vice President |
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| 1976-78
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Desiree Bernard (Guyana) |
President |
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Time Kendall (Antigua)
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Secretary/Treasurer |
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Desmond McNamara, QC
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Vice President |
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M.T.Inskip Julian
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Vice President |
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Dr. Lloyd Barnett (Jamaica)
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Vice President |
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Christopher Blackman
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Vice President |
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Louis H. Lockhart
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Vice President |
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| 1978-80
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Time Kendall
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President
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Christopher Blackman
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Secretary/Treasurer |
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Frederick Smith, QC (Barbados)
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Vice President |
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Desmond McNamara, QC
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Vice President |
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Brian Alleyne
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Vice President |
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M.T.Inskip Julian
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Vice President |
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Desiree Bernard
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Vice President |
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Dr. Lloyd Barnett (Jamaica)
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Vice President |
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| 1980-81
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Time Kendall
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President
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Christopher Blackman
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Secretary/Treasurer |
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Frederick Smith, QC (Barbados)
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Vice President |
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Dr. Lloyd Barnett (Jamaica)
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Vice President |
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Brian Alleyne
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Vice President |
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M.T.Inskip Julian
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Vice President |
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Desiree Bernard
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Vice President |
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1981-82 |
Dr. Lloyd Barnett (Jamaica)
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President |
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Christopher Blackman
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Secretary/Treasurer |
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Elliot Mottley, QC
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Vice President
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H. Seunath (T & I)
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Vice President
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Keith Duncombe (Bahamas)
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Vice President
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Aston Chase
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Vice President
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J.B. Harris (Dominica)
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Vice President
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| 1985
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Dr. Lloyd Barnett |
President |
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| 1987 |
Dr. Lloyd Barnett |
President |
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Time Kendall
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Vice President
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Keith Sobion
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Vice President
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| 1989 |
Dr. Lloyd Barnett |
President |
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C. Dennis Morrison
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Secretary/Treasurer |
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| 1993-96
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Allan Alexander, S.C. (T & T) |
President |
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Philip Davis (Bahamas)
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Vice President |
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T. L. Dobson (St. Kitts/Nevis)
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Vice President |
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Douglas Mendez (T & T)
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Secretary |
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Christopher Blackman
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Treasurer |
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| 1998
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Dr. Peter D. Maynard (Bahamas) |
President |
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C. Dennis Morrison, QC
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Vice President |
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Theodore Hobson
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Vice President |
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Rachel Culmer (Bahamas)
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Secretary/Treasurer |
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| 2001 |
Dr. Peter D. Maynard (Bahamas) |
President |
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Algernon Symmonds, QC (Barbados)
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Vice President |
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Patrick Patterson (St Kitts/ Nevis & Anguilla)
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Vice President |
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Mr. Courtney Abel (Anguilla)
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Treasurer |
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Rachel Culmer (Bahamas)
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Secretary |
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| The Current Executive |
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| 2003
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Patrick Patterson |
President |
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Hilary Phillips QC
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Vice President |
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Dr. Peter Maynard
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Vice President |
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Nancy Anderson
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Secretary |
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Ruggles Ferguson
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Treasurer |
OCCBA’S AIMS AND OBJECTIVES
Aims and Objectives
OCCBA’s aims and objects include being concerned with questions of human
rights, justice and the rule of law, the independence of the judiciary,
the improvement of the administration of justice, legal education, the
study of jurisprudence, legal literature and law reporting, and the
establishment of legal aid systems.
The declared aims and objects of OCCBA are as follows:
- To be concerned with questions of Human Rights, Justice and the Rule of Law and to undertake any action which in its judgment may contribute to the protection and preservation of these and other fundamental conditions for a well-ordered society.
- To deal with all matters affecting the legal profession and to take such action thereon as may be deemed expedient so as to promote, preserve, regulate, and protect its interests and the interest of its members.
- To act as representative of the Bar Associations and to answer questions and recommend rules relating to professional conduct.
- To maintain the honour and independence of the Bar and to defend the Bar in its relations with the Judiciary and the Executive.
- To support the independence of the Judiciary and to maintain cordial relations among members of the Bar and between the Bar and the Bench.
- To promote the improvement of the administration of Justice.
- To examine and report on legislation in the area, to promote uniformity in appropriate fields where practicable and to promote and support desirable measures of law reform.
- To declare the collective opinion of the Bar in such quarters as it is deemed from time to time to be desirable and to make or support representations to governments, the Judiciary and other appropriate bodies on questions affecting the legal profession.
- To co-operate with and promote co-ordination among legal societies and organisations having similar objects.
- To encourage good relations and understanding between the Bar and the Public
- To protect the public right of access to the Courts, the representation by Counsel before Courts and other tribunals and the rights and privileges of the Bar in relation thereto
- To promote, encourage and improve legal education, study of jurisprudence, legal literature and law reporting
- To encourage the establishment of schemes of legal aid
- To encourage the establishment of benevolent funds for indigent members of the Bar.
OCCBA aims to encourage the participation of all regional bar and law associations and attorneys, and maintain a close relationship with other regional and international organisations (e.g. CLE, IBA, UIA, IABA), and a close relationship with the OECS bar.
It is also OCCBA’s goal to provide services and programmes which improve professional development, the quality of the bar, the administration of justice and access to legal services, including: continuing professional education; discipline; funding for pro bono constitutional cases; Case law reporting; Law reform; Caribbean Court of Justice; Email address; Listserv; Newsletters; Lawyer referral system; Web site; Database; Legal aid; Independence of the Judiciary; Playing political football with Judges; contractual appointments of magistrates; finance; access of foreign legal practitioners; a permanent OCCBA headquarters; and directory of lawyers.
OCCBA Projects
OCCBA is currently undertaking a number of major projects aimed at
realising its aims and objectives. The following is an outline of one of
the main projects.
The OCCBA Access to Justice and Information Technology Project
Many jurisdictions in the Commonwealth Caribbean do not have legal aid
schemes. Other jurisdictions, such as Jamaica and the Cayman Islands,
have legal aid schemes that do not extend to civil matters in the
Magistrates' Court. In consequence of the need to assist the poor, OCCBA
has commenced a special project, called the Access to Justice and
Information Technology Project. The aims of this project are to inform
the public of their rights, to increase the number of lawyers in the
region assisting the poor on a pro bono basis, to make it less onerous
on those lawyers who assist pro bono in organised programs, to better
organise the administration of pro bono service, and to support, network
and encourage legal aid clinics.
OCCBA’s plan is simple. Information Technology will make it easier for
lawyers to assist. When the basic application precedents from each
jurisdiction are on line, and available to our members, an application
that would have taken four hours to prepare and complete, will only take
one hour. We recognise that more lawyers are willing to give one hour
rather than four hours.
The database will contain edited and indexed precedents and case reports
donated by OCCBA members, and those created under the supervision of the
Project Committee. Precedents will include case notes from Magistrate
Courts and, initially, application/affidavit forms for common poverty
law and family law matters. (These topics can be expanded as the project
matures.) Many other services will be provided, including databases for
the administration of a virtual legal aid office. This will greatly
reduce the burden on our members who serve in legal aid clinics and bar
referral services. Each Bar Association will be given a Webpage, and all
lawyers who assist the poor pro bono will be recognised for their
services. Also, public legal education will feature highly in the web
pages, and IT will facilitate the sharing of templates for printed
educational pamphlets. IT will facilitate topic-specific on line
discussion groups as well.
The key to the success of this project is a well equipped and well
funded institutional partner who can host the project and supply the
infrastructure. Success also depends on funding from sponsors. Funding
is needed for hardware and software, Internet access and the creation,
editing and indexing of precedents, and the writing of educational
materials.
Institutional Partner
Nova Southeastern University School of Law was selected as the best
suited institution to serve as the institutional partner for this
project. It is the 'number one wired' law school in America, and it is
one of three Florida institutions that have joined together in a
Caribbean Law Initiative.
OCCBA and The Caribbean Court of Justice
OCCBA has focused a lot of attention on the issue of the creation and
establishment of the Caribbean Court of Justice. In point of fact its
involvement in the establishment of the Court is significant. Under
Article V of the agreement establishing the Court, OCCBA along with the
OECS bar was required to jointly nominate two persons to sit on the
Regional Judicial and Legal Services Commission, responsible for the
appointment of Judges for the Court. In July 2003, OCCBA along with the
OECS bar jointly nominated Dr Lloyd Barnett and Mr Othneil Sylvester QC,
for membership on Commission. They have since been appointed as such. In
addition, under the agreement the President of OCCBA is afforded the
privilege of membership on the board of trustees for the trust fund of
the court.
OCCBA’s FUTURE PLANS
FUTURE GOALS
1: MEMBERSHIP
To achieve and maintain active membership in the Organisation of the
Caribbean Commonwealth Bar Associations of all regional bar associations
and attorneys
• Determine, prioritise, and implement a programme of meetings, events
and services that are of most value to members;
• Close relationship with other regional and international organizations
(eg, CLE, IBA, UIA, IABA);
• Close relationship with OECS bar.
2: SERVICES AND PROGRAMMES
To provide services and programmes which improve professional
development, the quality of the bar, and the administration of justice.
• Continuing Professional Education;
• Discipline, ethics;
• Funding for pro bono constitutional cases;
• Case law reporting;
• Laws;
• Caribbean Court of Justice.
3: COMMUNICATION
• Legal Aid;
• Lawyer Referral System.
4: LEADERSHIP, MANAGEMENT AND DEVELOPMENT
• Independence of the judiciary;
• Playing political football with judges, contractual appointments of
magistrates;
• Finance;
• Control of foreign legal practitioners;
• Directory;
• Permanent OCCBA HQ.
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