The Judicial and Legal Service Commission was established in accordance with Section 110(1) of the Constitution of the Republic of Trinidad and Tobago. Members of the Commission are appointed by the President after consultation with the Prime Minister and the Leader of the Opposition in accordance with Section 110 (2) and (3) of the Constitution of the Republic of Trinidad and Tobago.

The Secretariat provides administrative and clerical support services to the Judicial and Legal Service Commission and is headed by the Director of Personnel Administration and managed by an Executive Director, Human Resource Management. The office of the Executive Director, Human Resource Management also performs the role of Secretary to the Judicial and Legal Service Commission. The Secretariat serves five hundred and eighty-four (584) judicial and legal officers who currently make up the Judicial and Legal Service.

In accordance with Section 104 of the Constitution of the Republic of Trinidad and Tobago, the Judicial and Legal Service Commission has the power to advise the President on the appointment of Judges, other than the Chief Justice, the acting appointment of Judges and the revocation of such acting appointments. The President must act upon the advice received from the Commission on all such matters.

Section 111 of the Constitution of the Republic of Trinidad and Tobago gives the Judicial and Legal Service Commission its power to appoint persons to hold or act in prescribed public offices for which legal qualifications are required; including the power to make appointments on promotion, transfer and confirmation of appointments and to remove and exercise disciplinary control over persons holding or acting in such offices.

Offices under the purview of the Commission are listed in the First and Second Schedules of the Judicial and Legal Service Act, Chap. 6:01 (as amended), Section 4 (2) of the Tax Appeal Board Act, Chap. 4:50 (as amended) and Section 65A of the Supreme Court of Judicature Act, Chap. 4:01. The total number of such offices falling under the jurisdiction of the Judicial and Legal Service Commission currently stands at five hundred and eighty-four (584).

To enable the discharge of its responsibilities and pending the promulgation of its own Regulations, the Commission, with the consent of the Prime Minister, has adopted, mutatis mutandis, the Public Service Commission Regulations (as amended).

The Constitution contains provisions to secure the independence of the Commission from both the Executive and the Legislature. However, the autonomy of the Commission is not without limits: -

CONSTITUTIONAL LIMITS

• In the exercise of its discretion, the Commission must conform with existing regulations and the rules of natural justice as set out in sections 4 and 5 of the Constitution of the Republic of Trinidad and Tobago.
• Public officers have the right of appeal to the Public Service Appeal Board in respect of decisions of the Commission on disciplinary matters (PART II of the Constitution).
• Public officers may also apply to the High Court for judicial review of any decision of the Commission.
• Section 128 provides that the Commission must consult with the relevant Commission before appointing any officer from another Service.
• Section 129 provides that the Commission can only regulate its procedures with the consent of the Prime Minister.
• Section 111 (2) & (3) provides that the Commission consult with the Prime Minister before it makes an appointment to the offices of Solicitor General, Chief Parliamentary Counsel, Director of Public Prosecutions, Registrar General, or Chief State Solicitor.
• Constitution (Amendment) Act #43 of 2000 repealed section 129 of the Constitution (the ouster clause), which previously significantly limited the power of the court to enquire into.

Section 110 (2) and (3) states:

(2) The members of the Judicial and Legal Service Commission shall be—

• (a) the Chief Justice, who shall be Chairman;
• (b) the Chairman of the Public Service Commission;
• (c) such other members (hereinafter called “the appointed members”) as may be appointed in accordance with subsection (3).

(3) The appointed members shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition as follows:

• (a) one from among persons who hold or have held office as a judge of a Court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a Court having jurisdiction in appeal from any such Court;
• (b) two from among persons with legal qualifications at least one of whom is not in active practice as such, after the President has consulted with such organisations, if any, as he thinks fit.

(4) Subject to section 126(3)(a) an appointed member shall hold office in accordance with section 136.

Other members at (c) are appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition, for a three-year term:

• one (1) from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court; and
• two (2) from among persons with legal qualifications, at least one of whom is not in active practice as such, after the President has consulted with such organizations, if any, as he thinks fit.

The Judicial and Legal Service Commission Secretariat serves and communicates with the following stakeholders: