Published: January 21, 2025
Monrovia — Magistrates across Liberia have launched a protest against their exclusion from retroactive benefits under the national harmonization process, labeling the decision discriminatory and a gross misinterpretation of the Constitution.
In a strongly-worded letter addressed to Her Honor Nancy Finda Sammy, President of the National Association of Judges of Liberia (NATJL), the magistrates accused the Judiciary of perpetuating systemic inequalities that undermine their vital role in the justice system.
Their disenchatnment began when the Chief Justice informed the NATJL that magistrates would not be included in the retroactive benefits package initiated in 2019. This decision, the magistrates argue, contradicts Article 72 of the Liberian Constitution, which they assert provides equal protections and entitlements to all judicial officials, including justices, judges, and magistrates. They described the exclusion as not only a constitutional misstep but also a blatant disregard for their contributions to upholding the rule of law.
“Magistrates are indispensable to Liberia’s judicial system, serving as the first line of justice in communities across the nation,” the magistrates wrote. “To exclude them from benefits guaranteed to other judicial officials is to diminish their role and undermine the principles of fairness and equity enshrined in our Constitution.”
The magistrates pointed to Judicial Canon Five, which subjects them to the same ethical and professional restrictions as judges, including prohibitions against business and political activities. They argued that if magistrates are bound by the same standards of impartiality, integrity, and professionalism, they should also receive the same benefits and protections. Judicial Canon Three, they added, emphasizes fairness and respect for all judicial officers—principles that are being undermined by the Judiciary’s selective application of constitutional provisions.
According to the Magistrates, they have long struggled with poor working conditions, insufficient resources, and barriers to professional advancement. Many magistrates are denied access to law school, while judicial scholarships are reportedly awarded to individuals outside the Judiciary. Others have been dismissed or denied reappointment without explanation, further eroding morale. They also face low salaries, salary disparities, and an acute lack of essential tools such as vehicles, stationery, and judicial staff like clerks and bailiffs. In many instances, according to them, they are forced to take on additional roles, such as defense and prosecuting attorneys, due to the absence of legal representatives in their courts.
The magistrates condemned what they described as an “unjust hierarchy” within the Judiciary, accusing leadership of granting dispensations to executive officials while subjecting magistrates to rigorous bar exams. They also criticized the lack of opportunities for self-improvement through local and international scholarships, opportunities which they said are readily available to officials in other branches of government.
The called on the NATJL to urgently engage the Chief Justice and other stakeholders to revisit these decisions and ensure equitable treatment for all judicial officers.
They emphasized that the term “judges,” as used in Article 72 of the Constitution, must be interpreted to include magistrates, as their responsibilities and restrictions place them squarely within the Judiciary.
“The selective exclusion of magistrates from benefits not only undermines the morale of judicial officers but also jeopardizes the integrity of Liberia’s justice system,” the letter stated.
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