Judge Smith Calls On Legislature -To Divide Civil Law Court Into Three By: Yassah J Wright

Delivering the charge of Civil Law Court “A” and Annex “B”, the assigned Circuit Judge George W. Smith, has called on the legislature to pass an act subdividing the 6th Judicial Circuit into three.

Judge Smith said so that Civil Law Court “A” can be for jurisdiction over ejectments and property-related cases; Civil Law Court “B” can be for jurisdiction over actions of damages, equity suits, actions for declaratory judgement, foreclosure and special proceedings and most importantly while, Civil Law Court “C” can be for family court with jurisdiction over actions of divorce and other family -related cases, so that more time will be devoted in dealing with the highly emotional and time -consuming issues involved in family matters.

He noted that Chief Justice ad interim His Honor, William E. Wordsworth in the his address during the formal opening of the March 1975 term of the Supreme Court said “in the exercise of his sagacity, the Chief Executive, Dr. William R. Tolbert, Jr, deemed it necessary that Montserrado should also have a superintendent.

Judge Smith stated that as a result the legislature readily conceded the correctness of this decision taken by the Chief Executive and passed into law the restoration of the county status of Montserrado, following which President Tolbert selected with the consent and advice of the Senate, A. B. Anderson for the position.

The Judge stressed that superintendent Anderson appealed to the leaders of the county to select a County seat, in response, the leaders settled on the city of Bentol.

“It is obvious that in common with the other counties, the Montserrado County seat should be the location of all the courts and the county offices. We look forward to the establishment of a circuit court and all courts at the seat of the county government. It is evident that with the establishment of this circuit court the circuit courts in Monrovia will be greatly relieved and the dockets reduced” Judge Smith noted.

However, Judge Smith recommended that the National Legislature and the President consider Mr. Justice Wordsworth’s recommendation by enacting the appropriate statute regarding Montserrado County.

The Judge said the obstruction of court’s order, like Writs of possession, hinders the speedy administration of justice.

Judge Smith indicated that there are a few individuals who have the tendency of obstructing court order, “if you have any problems regarding the execution of a court order, the appropriate remedy is a bill of information to the court”.

He said the obstruction of court’s order is criminal under Section 12.1(1), of the penal law, and such act is also punishable for contempt of court and those who are in the habit of defying citation to appear in this court to answer for contempt of court and who resist, there is a statute that assists the courts to counter those giants who are in the business of obstructing court order and resisting writs of arrest.

Judge Smith noted that the law is found in section 10.5 of the Criminal Procedure Law, commonly called citizens arrest, adding that this law will be utilized, where necessary.

The Judge narrated that it is said that the highest law of the land is that of security and safety of the state, a safe and secure environment enable us to conduct our various daily activities.

Judge Smith indicated that after our civil war, EBOLA and COVID-19 wars, they predict eminent floods in the country, particularly in Monrovia, which danger can be prevented by all Liberians, floods are capable of destroying lives and properties.

“Our foresighted legislature passed the December 19, 1930, sanitary act, subsequently amended,” Judge Smith indicated.

He further said this law is not only aimed at beautifying and sanitizing our environment, at the peril of a civil penalty of US$100 and a maximum of US$25 for continued daily violation under Section 5.1 of environmental law.