MONROVIA –The Supreme Court of Liberia says Emmanuel Hilter embarrassed the judiciary after filing complaint against a magistrate who exposed him.
By Victoria G Wesseh
Chief Justice Yamie Quiqui Gbeisay, Sr. has permanently barred Emmanuel Hilter, a City Solicitor assigned at the Ministry of Justice from practicing law in any court across the Republic of Liberia.
The Chief Justice ruled that Hilter falsely and knowingly presented himself as a licensed Counselor-at-Law and appeared in court to represent clients despite having no valid license to practice law in Liberia.
The order, handed down after a judicial investigation, prohibits Hilter from appearing before any Liberian court in his capacity as City Solicitor until he can prove he is duly qualified and licensed by the Liberia National Bar Association and the Supreme Court.
The case began not as an investigation into Hilter, but as a complaint filed by Hilter against Magistrate Naomi Crusoe.
According to the findings of the inquiry, Magistrate Crusoe had refused to allow Hilter to represent a client before her court, demanding that he produces his valid Supreme Court License – a standard requirement for any lawyer appearing in Liberia.
Instead of complying, Hilter filed a formal complaint against the magistrate, accusing her of denying his client legal representation.
Chief Justice Gbeisay took up the matter and ordered an investigation. During the inquiry, the case took a dramatic turn.
Under questioning, Hilter admitted that he had indeed been appearing in court as a lawyer and representing clients even though he was not a licensed Counselor-at-Law.
“Embarrassed the Judiciary”
In his ruling, Chief Justice Gbeisay said Hilter’s conduct was a gross violation of the rules governing the legal profession and an embarrassment to the entire Judiciary.
The Chief Justice noted that a City Solicitor is a critical representative of the State and must by law be a qualified lawyer.
To appear without a license undermines public confidence in the justice system and constitutes the unauthorized practice of law – a punishable offense.
He, therefore, ordered that Hilter be barred from practicing in all courts in Liberia and that the Ministry of Justice be notified to take appropriate administrative action.
Magistrate Also Faulted
While vindicating Magistrate Crusoe for challenging Hilter’s credentials, the Chief Justice also found fault with her handling of the underlying case.
The investigation noted that the matter before Magistrate Crusoe was a property dispute involving Hilter’s client.
The Chief Justice observed that rather than summarily dismissing the representation, the magistrate should have held a proper hearing on the merits of the property dispute to protect the client’s interest, even while refusing Hilter’s appearance.
The dual ruling is being seen as a strong warning from the Gbeisay Bench on two fronts: zero tolerance for unlicensed practice within the Ministry of Justice and a demand for due diligence and procedural fairness from magistrates.
Implications for Justice Ministry
The decision throws a spotlight on vetting procedures at the Ministry of Justice, which is responsible for assigning City Solicitors to prosecute and defend cases on behalf of the Government of Liberia.
Legal practitioners say the ruling should prompt a full audit of all solicitors and public defenders to ensure they hold current licenses issued by the Supreme Court of Liberia.
Meanwhile, the Ministry of Justice and the Liberia National Bar Association could not be reached for comments up to press time.