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 note the Ministry’s stated objectives of improving access to justice and reducing case backlogs—objectives 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 a number of groups, including:

• Rural residents, for whom returning home late at night may pose safety, cost, and transportation difficulties. The Association has already received complaints from individuals 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. Requiring or requesting parents/guardians to be away from their children after a full day’s work may place unnecessary strain on families.
• Accused persons held in custody, who may face extended detention periods while awaiting night hearings.
• Vulnerable individuals, such as the elderly and persons with disabilities, for whom late-night hearings may be particularly burdensome. Some elderly litigants have already reported difficulty attending “night court” due to limited mobility.
• Legal practitioners and support staff, whose family obligations may make it impossible to provide services during extended hours.
• Employers, whose employees are required to attend court on their behalf, resulting in overtime costs for attendance beyond regular working hours.

In addition, the Association is greatly concerned about the absence of meaningful consultation with the Bar, affected court users, court staff, and the general public prior to the implementation of night court.

Such consultation is essential to ensure that measures designed to strengthen the justice system are workable, fair, and sustainable, and do not result in individuals becoming casualties of the system. When the Bar inquired whether a feasibility study was conducted, no clear answer was provided by the Ministry.

These concerns raise potential constitutional and administrative challenges to the implementation of the night court—challenges that could have been avoided.

It is also noteworthy that the Magistrates’ Court is not currently operating at full daytime capacity, with vacancies among magistrates and unused courtrooms. Therefore, there appears to be no current overflow justifying the introduction of a night court.

The Association emphasizes that several alternatives could achieve the Ministry’s goals without imposing such burdens, including:

• Recruitment of additional magistrates (which is reportedly in progress but not yet implemented);
• Staggered daytime sittings to maximize 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 key stakeholders.

All of the above concerns have been formally communicated by the 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, fair, 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