I was listening ta Love 97 da udder day and the host insisted with plenty frustration to numerous callers, one in particular who called from Freeport that the Privy Council is the Highest Bahamian Court in the Land. What I am confused about is I taught dat DA Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom and not da Bahamas but yet, as appeals are in fact made to the Queen as Her Majesty in Council by panel of judges hearing a particular case (typically five members) is known as "the Board".

Are the board members (Privy Council Judges) Bahamian?

Do you have to be a Bahamian Citizen to work and get paid legally in the Bahamas?

Are Foreign Laywers or Judges legally allowed to work/practice law/officiate in The Bahamas?

I was listening ta Love 97 da udder day and the host insisted with plenty frustration to numerous callers, one in particular who called from Freeport that the Privy Council is the Highest Bahamian Court in the Land. What I am confused about is I taught dat DA Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom and not da Bahamas but yet, as appeals are in fact made to the Queen as Her Majesty in Council by panel of judges hearing a particular case (typically five members) is known as "the Board".
Are the board members (Privy Council Judges) Bahamian?
Do you have to be a Bahamian Citizen to work and get paid legally in the Bahamas?
Are Foreign Laywers or Judges legally allowed to work/practice law/officiate in The Bahamas?

I can answer this question. The Bahamas Bar is absolutely against foreign practicing lawyers in the Bahamas. Foreign practicing lawyers have an almost impossible time obtaining work permits. In fact, I am moving home in August to open the first US law practice in the Bahamas. I can do so because I am a Bahamian citizen.

I can answer this question. The Bahamas Bar is absolutely against foreign practicing lawyers in the Bahamas. Foreign practicing lawyers have an almost impossible time obtaining work permits. In fact, I am moving home in August to open the first US law practice in the Bahamas. I can do so because I am a Bahamian citizen.

:bouncy::bouncy::bouncy::bouncy::bouncy::bouncy::bouncy:

I was listening ta Love 97 da udder day and the host insisted with plenty frustration to numerous callers, one in particular who called from Freeport that the Privy Council is the Highest Bahamian Court in the Land. What I am confused about is I taught dat DA Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom and not da Bahamas but yet, as appeals are in fact made to the Queen as Her Majesty in Council by panel of judges hearing a particular case (typically five members) is known as "the Board".
Are the board members (Privy Council Judges) Bahamian?
Do you have to be a Bahamian Citizen to work and get paid legally in the Bahamas?
Are Foreign Laywers or Judges legally allowed to work/practice law/officiate in The Bahamas?
The Privy Council is not the highest court of the land for the UK, but for some Commonwealth countries including The Bahamas. When they hear appeals from England they call themselves the House of Lords which is the highest court for England (dont ask me why). Her Majesty in Council is the Privy Council, they also call themselves the Board. The Privy Council is actually the Queen's Court. The English legal system is based on the principle that the Queen is the fountain of justice. And she cannot personally sit to try cases because she not only would be the judge but the prosecution (or Crown) too, so by custom as the supreme magistrate the Queen never personally hears cases but the authority of the courts is derived mediately and immediately from the Queen. The Privy Council you can say get their authority immediately from the Queen because their judgments are written in the form of orders-in-council which advice custom says the Queen invariably accepts.

1.) The Privy Council is largely made up of non-Bahamians. Mostly British senior court judges and sometimes Commonwealth judges appointed to sit on that highest court. I know Dame Joan Sawyer the President of the Court of Appeal is a member and I think Sir Burton Hall is because they make the Chief Justice a member of the Privy Council too.

2.) Foreign lawyers cannot normally practice law in The Bahamas but there are exceptions. Generally, you have to be Bahamian to practice law in The Bahamas. Somehow we do allow foreign judges to sit on our bench. The bench requirement is not based on nationality.
~The rastaman vibration is positive.~

I can answer this question. The Bahamas Bar is absolutely against foreign practicing lawyers in the Bahamas. Foreign practicing lawyers have an almost impossible time obtaining work permits. In fact, I am moving home in August to open the first US law practice in the Bahamas. I can do so because I am a Bahamian citizen.

I don't understand, a U.S. law practice in the Bahamas? How can you litigate caes based on U.S. law in the jurisdiction of the Bahamas?

I don't understand, a U.S. law practice in the Bahamas? How can you litigate caes based on U.S. law in the jurisdiction of the Bahamas?

Maybe he means catering to Bahamians that have US legal matters.

I can answer this question. The Bahamas Bar is absolutely against foreign practicing lawyers in the Bahamas. Foreign practicing lawyers have an almost impossible time obtaining work permits. In fact, I am moving home in August to open the first US law practice in the Bahamas. I can do so because I am a Bahamian citizen.


What about foreign practicing Judges?

Maybe he means catering to Bahamians that have US legal matters.

So, if you have a US matter, he flies there and presents the case on your behalf, while preparing for the case, i.e. evidence gathering, here?

The Privy Council is not the highest court of the land for the UK, but for some Commonwealth countries including The Bahamas. When they hear appeals from England they call themselves the House of Lords which is the highest court for England (dont ask me why). Her Majesty in Council is the Privy Council, they also call themselves the Board. The Privy Council is actually the Queen's Court. The English legal system is based on the principle that the Queen is the fountain of justice. And she cannot personally sit to try cases because she not only would be the judge but the prosecution (or Crown) too, so by custom as the supreme magistrate the Queen never personally hears cases but the authority of the courts is derived mediately and immediately from the Queen. The Privy Council you can say get their authority immediately from the Queen because their judgments are written in the form of orders-in-council which advice custom says the Queen invariably accepts.

So basically, July 10th 1973 is a swing since the Queen is still in control of the highest Bahamian Court in the land in which we are truely not 100%Independant?

1.) The Privy Council is largely made up of non-Bahamians. Mostly British senior court judges and sometimes Commonwealth judges appointed to sit on that highest court. I know Dame Joan Sawyer the President of the Court of Appeal is a member and I think Sir Burton Hall is because they make the Chief Justice a member of the Privy Council too.

So my question is how can non-Bahamians be in the highest Bahamian Court in the Land along with the fact that the highest Bahamian Court is not in the Bahamas, thats like 1 + 1= 3, it does not make sense...

2.) Foreign lawyers cannot normally practice law in The Bahamas but there are exceptions.

What are the exceptions?

Generally, you have to be Bahamian to practice law in The Bahamas. Somehow we do allow foreign judges to sit on our bench. The bench requirement is not based on nationality.

So why is practicing law in the Bahamas based on Nationality but sitting on the Bench is not, and are there any other jobs in The Bahamas that are not based on Nationality?


~The rastaman vibration is positive.~

Dont get ma wrong naw, I am not being sarcastic in anyway but I would really like to know?

I am a partner at Becker & Poliakoff, P.A., a full service law firm in Florida. I am opening a Bahamas branch of Becker & Poliakof to cater to both Bahamians with US legal issues, and US investors and persons in the Bahamas. Within a year I will also be licensed in the Bahamas so the firm will evolve into a dual jurisdictional legal practice in the Bahamas. My personal focus is not litigation, I am a tax and corporate attorney so I will do a lot of international / cross boarder representation when it comes to investment and persons in the Bahamas. My firm is a full service firm, so to the extent a Bahamian has litation in the US, my firm is in the US and will be able to handle it.

I am a partner at Becker & Poliakoff, P.A., a full service law firm in Florida. I am opening a Bahamas branch of Becker & Poliakof to cater to both Bahamians with US legal issues, and US investors and persons in the Bahamas. Within a year I will also be licensed in the Bahamas so the firm will evolve into a dual jurisdictional legal practice in the Bahamas. My personal focus is not litigation, I am a tax and corporate attorney so I will do a lot of international / cross boarder representation when it comes to investment and persons in the Bahamas. My firm is a full service firm, so to the extent a Bahamian has litation in the US, my firm is in the US and will be able to handle it.

Interesting, I wish you all the best my fellow Bahamian...

I can answer this question. The Bahamas Bar is absolutely against foreign practicing lawyers in the Bahamas. Foreign practicing lawyers have an almost impossible time obtaining work permits. In fact, I am moving home in August to open the first US law practice in the Bahamas. I can do so because I am a Bahamian citizen.You will not be the first.. you know a lawyer name ROSE.. Daughter of Sir Arlington Butler.... she has one.. not a good one.. but she does...

You will not be the first.. you know a lawyer name ROSE.. Daughter of Sir Arlington Butler.... she has one.. not a good one.. but she does...

I will not be the first lawyer with a US bar membership, but I will be the first US law firm with a office in Nassau with a full time lawyer and staff serving US legal issues. There are many Bahamians who have US bar memberships, but they do so in order to obtain the Bahamian bar membership and practice Bahamian law.

Dont get ma wrong naw, I am not being sarcastic in anyway but I would really like to know?

My friend, you dont know what kind of Pandora's Box you just opened. At the University of the West Indies and throughout the Commonwealth Caribbean there is a recognition of the fact that the highest court of the land does not consist of West Indians so what they instead did was establish an indigenous court so as to indigenize the law. This court is called the Caribbean Court of Justice but at present only Barbados and Guyana have adopted this court. Jamaica tried to pass laws to abolish the Privy Council jurisdiction and establish the CCJ and the Privy Council struck down the legislation as unconstitutional. As far as having our highest court in England and consisting of non-Bahamians as meaning the Queen is in charge. I would refer you to our Constitution. Just look at the broad outline of the three spheres of government, the Queen heads the legislature, executive, and judiciary. The Queen and the two houses of Parliament form the legislature, she cant do that personally so the Governor General does so. The constitution literally says she is the head of the executive, and she heads the judiciary through the Privy Council. Yes, the Queen still rules over us but her position according to modern day constitutional thinking is that her position is only titular and formal and she has no real power. Personally, I disagree. If the woman name on the paper, she has the power. That's just common sense. So what was the point of independence? To give us the illusion of freedom. Because absolutely nothing's changed.

Ideally, our courts should be made up of Bahamians but as one that has read many of the Privy Council's judgments and is accustomed to them I think they're well written and most of the time well researched and quite well done. Most if not all of the law lords went to Oxford and Cambridge and bring to bear a lifetime of experience on the Bench. Most Bahamian jurists dont want to sit on the bench because they can make more money as a junior attorney in the private sector. And really and truly, they wanna pay off their mortgage, and children school fees. As someone involved in the debate I dont think we should give up the Privy Council for the Caribbean Court of Justice. The Privy Council has a greater legacy. Whereas the CCJ is a brand new court with no legacy. I think the Privy Council fights more for the rights of the little man than some of our local courts. That's why I wouldnt trade them in. I would prefer more Bahamians were on all our courts generally. If we could get one Bahamian on the Privy Council I'd love that but because their jurisdiction is so wide and spread over so many countries everybody's country has to get a chance to nominate a judge so what the Board does is allow a member to sit on the panel when they hear a case from that jurisdiction. It would be interesting to see Dame Joan sit with them.

I think a lot of things about our legal system dont make sense. But such is the law it's based on custom and immemorial usage and lawyers have to respect that, they have to respect history and tradition because that is what the law is. Nothing else will suffice. We pay homage and due deference to the past supposing that judges of old did not act amiss in reaching decisions but gave them due consideration and care. Thas why we still wear the damn wig and robe, still cite cases from England (even though we have a unique jurisprudence of our own).

Also, in answer to your question most jobs in The Bahamas can be obtained without a nationality requirement but I think the lawmakers wouldnt want for there to be one for the Bench so as to bring the world's best and brightest to sit on our Bench, but I say that in choosing the best and brightest, pick Bahamian first.
[B]~The rastaman vibration is positive.~[/B

SpamStopper doesn't recognize the Privy Council. :hammer::hammer: