Q:What is the Judicial and Legal Services Commission (the "JLSC")?

The JLSC was created by the Constitution as an Institution supporting democracy.

The JLSC's functions are essentially twofold:

  • to advise the Governor on the appointment and removal of members of the judiciary (Grand Court and Court of Appeal) and magistrates, as well as on the appointment and removal of the Attorney General, the Director of Public Prosecutions and the holders of such other legal public offices as may be specified in future by statute; and
  • to draw up a code of conduct for the judiciary and magistracy and a procedure for dealing with complaints against them.

Section 105(1) of the Constitution Order provides that the JLSC has the following members

  1. the Chairman and one other member, neither of whom can be a lawyer, appointed by the Governor after consultation with the Premier and the Leader of the Opposition;
  2. the President of the Court of Appeals as an ex officio member;
  3. a person who holds or has held high judicial office in the Cayman Islands and has recent knowledge of the courts in the Cayman Islands;
  4. two persons who hold or have held high judicial office in a Commonwealth country or Ireland, but do not currently hold such office in the Cayman Islands; and
  5. two attorneys-at-law qualified to practice in the Cayman Islands, one with experience in the Government service and one with experience in private practice, appointed by the Governor after consultation with representatives of the Cayman Islands legal professional organisations and, where appropriate, the Attorney General.

Yes. No person shall be qualified to be appointed to the JLSC if

  1. he or she is a member of the Legislative Assembly;
  2. he or she is a candidate for election to the Legislative Assembly; or
  3. he or she holds or is acting in any public office (with a couple of exceptions).

The office of a member of the JLSC becomes vacant –

  1. at the end of five years from the date of appointment or such earlier time as may be specified in his or her appointment letter;
  2. if he or she becomes a member of the LA; or
  3. if he or she becomes a candidate for election to the LA; or
  4. if he or she is appointed to or to act in any public office (with a couple of exceptions); or
  5. if the Governor directs that the member be removed from office for inability to discharge the functions of a member of the JLSC (whether arising from infirmity of body or mind or any other cause) or for misbehaviour.

Only if he or she determines that compliance with the JLSC's advice would prejudice Her Majesty’s service.

Additionally, where the Governor would like the JLSC to reconsider its advice on a particular matter, he or she may refer that matter back to it.

A Judge of the Grand Court or the Court of Appeal may be removed from office for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or misbehaviour.

No. It is wholly independent. Such independence is crucial to ensure its effectiveness.

No. The JLSC is not required to report on its activities to any person/body.

The Chairman is expected to chair each meeting of the JLSC, drive policy, liaise with all other interested parties (e.g. the judiciary) and generally oversee the participation of all of the members in the activities of the JLSC. He also acts as the JLSC's spokesman.

Members of the JLSC are expected to attend each meeting and actively participate in its work.

No. Moreover, a member of the JLSC is prohibited from participating in any proceedings which affect him or her personally. Additionally the President of the Court of the Appeal and any current Judge of the Grand Court who may be a member of the JLSC may not participate in an inquiry on the question of the removal of a Judge other than as a witness.

No. The members of the JLSC are volunteers who receive a small stipend for their time.

If you have a concern regarding the behaviour of a member as it pertains to his/her role on the JLSC, it should be communicated in writing to His Excellency the Governor.

The Commission receives administrative, research, policy, strategic, and other support from the Commissions Secretariat. The Commissions Secretariat falls under the purview of both the Office of the Governor and the Portfolio of the Civil Service.

The JLSC may be contacted through the Secretariat in the following ways:

Phone: 244-3685
Fax: 945-8649
E-mail: info@judicialandlegalservices.ky;
Mailing Address: P.O. Box 391 KY1-1106;
Physical Address: 2nd Floor Artemis House; 67 Fort Street;
FOI requests:  foi.cos@gov.ky.