Leighton McKnight was appointed chairman of the commission with the other commissioners being Minna Israel and Michelle Robinson.
Finance Minister Dr Nigel Clarke made the announcement during Tuesday's sitting of the House of Representatives that the recommendation will see the chief justice's salary jumping to $28.8 million per annum, inclusive of all allowances, except for security and housing.
The salary of a senior puisne judge will rise to $21.9 million per annum, while puisne judges will get $20.8 million. The president of the Court of Appeal's compensation will increase to $26.2 million, while a judge of the Court of Appeal will now get $23.8 million.
Judges' emoluments are reviewed in three-year cycles, with the current review relating to the period 2021/22 to 2023/24, following the last salary increase judges got in 2020/21. The recommendation was that for the first year — 2021/22 — judges should get a six per cent increase in salaries in line with that offered to public sector workers at the time.
At that time the salaries of judges stood at between $9 million and $11.6 million per annum. The recommendation for the following year was a salary ranging from $18.3 million for puisne judges at the low end to $25.3 million for the chief justice at the high end. The final adjustments for the three-year cycle takes the salaries to between $20.9 million and $28.8 million.
"This will cost the Government approximately $1.877 billion for the 2021/22 and 2022/23 arrears in addition to the 2023/24 wage bill," the finance minister said.
Clarke, in comments following the announcement in Parliament, noted that the salary adjustments now put Jamaica's judiciary among the best paid in the Caribbean.
"The move is consistent with my recent budget presentation, where I stated that the Government is committed to making Jamaica's justice system the best in the Caribbean and one of the best in the world," Clarke added.
He said the commission, which reviewed the judges' emoluments over the last year, considered several factors in arriving at a final figure, including the public sector compensation system and its implications for judicial emoluments; the proposal from the judiciary in relation to adjustments to compensation levels; the need to preserve judicial independence; the relative demand and supply dynamics in the wider legal profession; and implications for pricing legal services, remuneration to lawyers, and the resulting ability of the judiciary to attract talent in the medium and long term.
"The constitution of Jamaica makes it clear that members of the judiciary are not public servants. However, they are a part of Jamaican society and are not totally immune to the conditions in the country," the finance minister outlined.
He stressed that Jamaica needs an "independent, strong, wise, and efficient judiciary" if it is to achieve its developmental objectives, noting that he is pleased that, after consideration by the Regulations Committee, members of the judiciary will finally be able to enjoy the kind of remuneration that is commensurate with the nature and prestige of the job.
Delroy Chuck, Jamaica's minister of justice, praised Clarke for the speed with which the matter was handled.
He said the report, which was submitted on April 25, was then passed to the minister of finance and within a matter of two weeks it was examined and a report submitted to Cabinet for approval.
Chuck also thanked the independent commission for taking the time to analyse the various salaries of judges across the region.
"The salaries that have now been recommended and to be implemented will make the judiciary in Jamaica one of the best paid in the Caribbean," he said.
Minister of Legal and Constitutional Affairs Marlene Malahoo Forte pointed out that compensation for the judiciary is subject to unique requirements that do not apply to others paid from the public purse, and the compensation is governed by constitutional principles designed to ensure public confidence in the independence and integrity of the judiciary.
She said it was important to set the level of judicial compensation at a certain place to avoid the perception that judges might be susceptible to undue pressure and undue influence.
"Today is a good day for the country. I am pleased to be a part of this Andrew Holness-led Administration, and I commend the finance minister and the justice minister for honouring the process that for the first time, certainly in my almost 30 years at the bar, I am seeing a level of remuneration that befits the office and institution of judge and judiciary," she said.
Opposition spokesman on finance Julian Robinson said the Opposition supported the announcement and took no issue with what was proposed.
