Revised Laws of Saint Lucia (2021)

40.   Appeal from committee

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    (1)   A commission to be known as the Appeals (Professional Misconduct) Commission is hereby established.

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    (2)   The Appeals Commission shall consist of the following members who shall be appointed by the Attorney General—

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      (a)     one arbiter who shall be nominated by the Attorney General;

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      (b)     one arbiter who shall be nominated by the Bar Association;

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      (c)     two arbiters who shall not be attorneys-at-law and who shall represent the public interest, be of good standing in the community and be nominated by the Governor General; and

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      (d)     one arbiter who shall be the chairperson nominated by the Chief Justice and who shall be an attorney-at-law of at least 15 years standing.

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    (3)   The Appeals Commission shall regulate its own procedure.

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    (4)   The remuneration of the arbiters of the Appeals Commission shall be as set out in the Regulations.

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    (5)   Any expenses incurred by the Appeals Commission under this Act shall, subject to approval by the Attorney General, be charged to the Consolidated Fund.

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    (6)   The quorum for a sitting of the Appeals Commission shall be 3 including the chairperson and the Commission shall sit at such times as are necessary for the settlement of the dispute or complaint.

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    (7)   An attorney-at-law or any other person aggrieved by a decision given or penalty imposed by the Committee may appeal against that decision or penalty to the Appeals Commission.

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    (8)   Upon hearing an appeal under this section, the Appeals Commission may affirm or set aside the decision or penalty appealed against, or may substitute any other decision or penalty which the Committee could have made or imposed, or remit the matter to the Committee for a rehearing.

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    (9)   An appeal from the decision of the Appeals Commission under this Act lies to the Court of Appeal.