Dominica Bar Association calls for Consultation on the implementation of the extended court hours.
The Dominica Bar Association acknowledges the Ministry of Legal Affairs’ recent directive introducing Magistrates’ Court sittings from 2:00 p.m. to 9:00 p.m., Mondays to Thursdays,
effective 8th September 2025. We have noted the Ministry’s stated objectives of improving
access to justice and reducing case backlogs, which are both commendable and
necessary.
At the same time, the Association has serious concerns about the impact of this initiative on court users and practitioners. Extended evening hours may create significant challenges for several groups, including:
Rural residents, for whom returning home late at night may pose safety, cost, and
transportation difficulties -we have already been receiving complaints from such persons about being unable to get a bus home after “night court”;
Women and parents/guardians with caregiving responsibilities, who may be unable to participate fully in hearings scheduled during evening hours.
Further, requiring/requesting parents/guardians to be away from their children at a critical time in the evenings and after a full day’s work may prove to be an unnecessary strain on the home.
Accused persons held in custody, who may face extended periods of detention during
the day while awaiting night hearings;
Vulnerable individuals, such as the elderly and persons with disabilities, for whom late-night hearings may be particularly burdensome -again, we have already received complaints from some elderly litigants about the inconvenience of night court, given
their limited mobility;
Legal practitioners and support staff, whose ability to provide services at the extended hours may be impossible due to family obligations.
Employers whose employees are required to attend court on their behalf, necessitating
Overtime payment to such employees for attending court beyond their regular hours of work.
In addition, the Association is greatly concerned about the absence of meaningful consultation with the Bar, affected court users, court staff, and the public before the implementation of night court. Such consultation is critical to ensure that measures designed to strengthen the justice system are workable, fair, and sustainable, and would not result in persons being casualties of the system. Upon an inquiry by the Bar to the Ministry as to whether a feasibility study was carried out, a clear answer was not returned.
The above concerns raise possible constitutional and administrative challenges to the implementation of the night court, which could have been averted.
Importantly, it is noted that the Magistrates Court is not operating to its full capacity during the daytime hours; that is to say, there is not a full complement of magistrates on staff, and all available courtrooms are not being used. There is no overflow for a night court.
The Association emphasizes that several alternatives exist that could achieve the Ministry’s
goals without imposing such burdens. These include:
Recruitment of additional magistrates (which we understand is in the pipeline, but has
not yet been affected), so that the court is operating at its full capacity during the daylight hours;
Staggered day sittings to make better use of court time;
Strengthened case management practices; and
Consent-based or opt-in evening listings;
The Dominica Bar Association, therefore, calls for the suspension of the current implementation plan pending full consultation with the Association and other stakeholders.
All of the above has been communicated by the Bar Association to the Ministry of National
Security and Legal Affairs.
We remain committed to working collaboratively with the Ministry to develop solutions that enhance efficiency while ensuring that justice remains accessible and equitable for all. The Association looks forward to engaging in constructive dialogue with the Ministry on this important matter.
Dominica Bar Association
14th October, 2025