Group 12
Jordan DuPont/ Jessie Lemke
1. Describe the structure of the court system of your country and its legal culture
Liberia’s legal system is closely modeled to the legal system of the United States. In the article,
it states, “The 1984 constitution provides for the establishment of a Supreme Court consisting of
a chief justice and four associate justices” (Liberia- Judicial System). Besides the Supreme
Court system, Liberia has different minor courts. In the article, it states, “There are criminal
courts, and appeals, and magistrate courts in the counties. There are also traditional courts and
lay courts in the counties” (Jurist). Liberia’s judicial court system
2. Describe how judges get to the bench. For example, are they appointed/ nominated and
if so state by whom and how? Are they elected by whom and how?
Liberia nominates their chief justice and four associate justices similar to the United States.
Liberia’s constitution states, “The chief justice and associate justice shall be appointed and
commissioned by the president with the consent of the senate” (Liberia’s Constitution). There
are also requirements to become a chief justice or an associate justice. The Liberia constitution
states, “Has to be a citizen of Liberia and of good moral character…A counselor of the Supreme
Court bar who has practiced for at least five years” (Liberia’s Constitution). The judges for the
Subordinate Courts are appointed similar to the Supreme Court justices. In their constitution, it
states, “Has to be a citizen of Liberia and of good moral character…and has to be an attorney at
law, who has practiced for at least three years, or a counselor of the Supreme Court bar”
(Liberia’s Constitution).
3. Describe what role the president (executive), the Parliament (Legislators) and/or political
parties play in the process of appointing, nomination or election of judges in your
country?
When an open seat in the judicial court becomes available, the president nominates a candidate
for that position to which fits the requirements. Then it proceeds to the senate who votes to
appoint the presidential nominated candidate for the vacant position with majority vote ruling. If
the candidate receives the majority vote, he is given the position and remain in office until he is
either unfit for office, or at the age of retirement.
4. Describe the term of office serve by judges. For example, do they serve for life, occupy
judgeship for a particular duration, and if so at what age do they retire or said to be unfit
to serve as justices or judges?
Once a citizen of Liberia meets the requirements to become either a chief justice or an associate
chief justice in the Supreme Court, they serve as long as they abide by the Liberian law. The
Liberian constitution states that, “All judges of the Supreme Court and judges of subordinate
courts of record shall be retired at the age of seventy” (Liberian Constitution). The only time a
judge may continue to serve at the age of seventy, the Liberian Constitution states, “The judge
may continue in office for as long may be necessary to enable him to render judgment or perform
any other judicial duty” (Liberian Constitution).
Group 12
Jordan DuPont/ Jessie Lemke
5. How can the judges be removed from office? Explain what the constitution says about
removal of justices?
The Liberian constitution explains how judges can be removed from office. The Liberian
constitution states, “Any judge may be removed upon impeachment and conviction by the
legislator based on proven misconduct, inability to perform functions of their office, or
conviction of treason, bribery or other infamous crimes. (Liberian Constitution).
6. From what you now know, explain to whom judges are answerable or responsible?
Judges are answerable to the president and of the senate because they are nominated and
appointed by them. They are also answerable for the certain crimes that are stated in the
Liberian constitution. They are responsible for the citizens of Liberia to uphold the law and
serve justice when needed.
7. Summarize your opinion about the judicial system and process how judges get to court in
your country. From what you now know do you think judges are independent in that
country? Are they corrupt? Can they render justice fairly without fear of political
reprisal from government, president or political parties?
Liberia does not allow elections for their judges, but instead the president nominates a judges
and the senate appoints them. It is a fair system to a certain extent because just like the United
States, the people of Liberia votes who they want to elect in office, to voice the peoples
decisions that they want to be held in office. On the contrary, it is unfair because the citizens of
Liberia do not have a direct voice in the appointment of the judicial judges. In this article, it
states, “For many years, the judicial system had suffered from corruption and domination by the
executive branch. By mid-1990 the system had collapsed and justice administration was coopted by the military commanders of various factions” (Liberia- Judicial System). For years the
Liberian judicial system was corrupt, but slowly it has been progressing more to an uncorrupt
system. Until about 1991, the judicial system did not render justice fairly due to the corruption it
possessed.
Group 12
Jordan DuPont/ Jessie Lemke
Sources
"CHAPTER VII THE JUDICIARY." The Constitution of the Republic of Liberia [ Table of
Contents ]. N.p., n.d. Web. 05 Feb. 2014.
"Encyclopedia of the Nations." Judicial System. Encyclopedia of the Nations, n.d. Web.
05 Feb. 2014.
Hibbitts, Bernard. "JURIST - Liberia: Liberian Law, Legal Research, Human
Rights." JURIST - Liberia: Liberian Law, Legal Research, Human Rights. JURIST, 2003. Web.
05 Feb. 2014.