The path is now clear for Marcia Ayers-Caesar to reclaim her position as a High Court judge.

In a ruling on March 24, the Privy Council affirmed that Ayers-Caesar was wrongfully pressured into resigning by the Judicial and Legal Service Commission (JLSC), led by Chief Justice Ivor Archie, declaring her removal unconstitutional.

The ruling restores her judicial status and entitles her to the salary she would have received since her appointment on April 12, 2017.

Asked if she intended to return to the bench after the nearly eight-year battle, her attorney Ramesh Lawrence Maharaj, shortly after the ruling was made public, said, “She would not, as a judge, make a public statement.”

Monday’s ruling upheld a decision by the Court of Appeal that the JLSC acted beyond its authority in coercing Ayers-Caesar into resigning.

[caption id="attachment_1124512" align="alignnone" width="668"] Marcia Ayers-Caesar. -[/caption]

“Pressurising a judge to resign by holding out the threat of disciplinary proceedings, as the commission did in the present case, circumvents the constitutional safeguards laid down in section 137 and undermines their purpose,” Lord Robert Reed, president of the Judicial Committee of the Privy Council, wrote in the unanimous ruling.

Also presiding on the JLSC’s appeal were Lords Hodge, and Stephens, as well as Lady Rose and Lady Simler,

Ayers-Caesar briefly held office as a High Court judge from April 12 to April 27, 2017. She was the first woman to be appointed chief magistrate before her elevation.

Within days of her swearing-in, concerns surfaced regarding the number of cases she left unresolved in the magistrates’ court.

According to the evidence, Archie was unaware of the full extent of the backlog when he approved her elevation and she reportedly assured him that her pending caseload was minimal, consisting primarily of “paper committals” that could be reassigned without significant delays. However, it soon emerged that she had left behind at least 52 part-heard cases, many of which involved oral evidence and had been ongoing for years. The revelation led to public outcry, with defendants, attorneys, and victims expressing frustration that their cases would have to be restarted from scratch.

On the day Archie met with Ayers-Caesar to discuss the situation - April 26, 2017 - there was a fracas involving prisoners accused of murder at the Port of Spain magistrates court where she presided. They protested the adjournment of their cases and the likelihood they would have to restart. With the full extent of her backlog revealed, the JLSC convened an emergency session the next day to discuss the imbroglio, Meanwhile, the legal fraternity criticised the appointment process, questioning why the JLSC failed to conduct due diligence. The Law Association also raised concerns about the consequences of her taking up the appointment without having completed her cases.

At the emergency meeting, the JLSC concluded the situation was serious enough to trigger disciplinary proceedings and was repo