BEJI Welcomes Govt’s Legal Reform Initiatives
The Bermuda Equal Justice Initiative [BEJI] said they “applaud the Bermuda Government for its Throne Speech commitments to key legal reforms.”
A spokesperson said, “These proposed legislative reforms reflect the Government’s responsiveness to long-standing calls from the island’s legal community to modernize and improve access to justice whilst promoting and protecting the fundamental rights of all Bermudians.
Increase in Fees for Counsel
“The Throne Speech commitment to review and reform the Legal Aid Act is a step in the right direction; however, true reform requires meaningful action. A meaningful first step in demonstrating its commitment to reform would be for the Government to increase the fees payable to Counsel under the Legal Aid [Scale of Fees] Regulations 1980.
“The hardworking stalwarts of justice who serve Bermuda’s most vulnerable do so for nominal fees, sacrificing lucrative private-sector careers to ensure justice is not just a privilege of the wealthy. These Counsel work tirelessly, spending long days and nights working on countless case files, sacrificing a great deal in their personal lives to ensure that those who need it most have access to justice—yet their value is not reflected in their remuneration.
“BEJI believes that increasing fees for Counsel under the Legal Aid regime will help ensure high-quality representation by incentivizing more lawyers, particularly young legal professionals—to take on legal-aid cases.; an increase of fees would also serve to encourage young lawyers and budding lawyers to join the legal-aid regime.
“As the Government’s reform of the Legal Aid Act progresses, BEJI will be calling on the dismantling of the in-house legal aid model, which despite best efforts and genuine intentions has, in our respectful view, diminished service quality, created an influx of conflicts of interest, and given rise to perception of favoritism regarding how cases are assigned. A fairer, more independent system is needed—one that ensures representation is guided solely by justice.
Strengthening the Legal Aid Act to Provide World-Class Representation
“BEJI continues to advocate for amendments to the Legal Aid Act that explicitly allow the Committee to appoint overseas King’s Counsel to lead serious, complex cases. BEJI believes this amendment will not only promote fairness for defendants but also serve as a valuable investment in Bermuda’s legal profession. Young Bermudian lawyers will gain unparalleled mentorship and expertise by working with overseas counsel on cases, thus ensuring that concerns about the disturbingly small number of experienced senior counsel able to conduct complex criminal cases is adequately addressed by affording young Bermudian lawyers an opportunity to work with overseas King’s Counsel early in their careers.
“We look forward to the development of a clear Legal Aid Policy outlining how individuals on legal aid can select their counsel. While BEJI acknowledges that selection cannot be without qualifications and limitations, individuals deserve a voice in choosing their counsel. As such, BEJI hopes that the Government’s reform will:
- “Clearly define cases where the right to choose counsel applies,
- “Establish a transparent process for changing representation, and
- “Balance fairness with system integrity to prevent misuse.
Justice for the Wrongfully Convicted
“The Government’s commitment to passing legislation designed to compensate those who have been wrongfully convicted and imprisoned is indeed a historic milestone for our criminal justice system and BEJI is extremely grateful to the Government for embracing this initiative, as originally outlined in BEJI’s 2025 General Election Platform Wish List.
“BEJI stands ready to collaborate with the Attorney General’s Chambers to draft legislation that ensures a fair minimum compensation schedule based on the number of years wrongfully imprisoned. We support a swift, non-bureaucratic process to securing redress.
Independent Oversight & Police Accountability
“The Throne Speech commitment to updating the Security and Defence Review aligns directly with BEJI’s Election Platform Wish List call for greater accountability and transparency in the justice system. True justice demands independent oversight and transparency. We look forward to learning more about the proposed legislative updates aimed at achieving these goals.
Meaningful Legislative & Regulatory Reform
“Justice is not an abstract ideal or a collection of lofty commitments—it must be a lived reality for all Bermudians. BEJI looks forward to working collaboratively with the Government and all relevant stakeholders to ensure the Throne Speech legal reforms become legislative and regulatory realities.
“Regardless of the politics of the moment, BEJI will remain steadfast in our pursuit of fairness and equality for all Bermudians. The marathon pursuit for a more fair, equal, and accessible justice system for all continues.”
