The CSPJ overturns the decision of the FBH

Haiti Libre:

Haiti - Justice : The CSPJ overturns the decision of the FBH

Following the Assembly of the Bars Federation of Haiti (FBH), January 25, who had decided that Me Néhémie Joseph will leave his position of representative of the FBH, within the Superior Council of the Judiciary (CSPJ), due to the end of his term of President of the Bar of Gonaives, in accordance with Article 11 of the Law on the establishment of the CSPJ and the strong reaction of Me Néhémie Joseph, who claimed that this decision was an interpretation of the law and that his mandate is of 3 years, it would seem that the argument of Me Néhémie Joseph was considered as acceptable, since at a regular meeting of the CSPJ, Wednesday, Jan. 30, a resolution was initialed confirming the term of 3 years of Me Joseph and that he will continue to serve on the Council as a full member.

Resolution of the CSPJ :
“The Superior Council of the Judiciary, met in ordinary audience this Wednesday, took the resolution not to replace Me Néhémy Joseph to the institution as decided by the Association of Bars Presidents past week.

According to the resolution, initialed by 5 members of the CSPJ, the Council takes note of the double interpretation of Article 11 of the law establishing the institution,states that only a constitutional body has the right to interpret definitely an article or a law in case of double interpretation recognizes that the term of Me Néhémy Joseph which is of 3 years will end July 3, 2015.

In the resolution, the Superior Council the Judiciary states recognize the right of its spokesman to sit in his capacity as a full member, automatically, once the text has been communicated to him.

initialed by :
Maitre Antoine Norgaisse, Vice-president
Max Elibert, Thiers Malette, Pharaon Gustave and Dilia Lemaire, Member.”


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