The Role and Functions of a Custos in Jamaica

Custos Rotulorum: Historical Background

The term “Custos rotulorum” is Latin for “keeper of the rolls,” a civic position with roots in fourteenth-century England. The role was first established in 1391 when King Richard II issued the Grand Commission, appointing Custodes and Justices of the Peace to help maintain law and order in English counties. This tradition extended to Jamaica, with the first mention of the office appearing in the Legislative Council Minutes on July 28, 1668, in an ordinance concerning orderly court proceedings on the island.

Appointment and Residence Requirements

The Custos is appointed by the Governor-General on the advice of the Prime Minister. The appointee must be a resident of the parish they will serve, except in the case of the Corporate Area, which includes Kingston and St. Andrew.

Primary Functions and Duties

The Custos has several key responsibilities within the parish, serving as a representative of the Governor-General and playing a pivotal role in the local justice system and community activities.

1. Representative of the Governor-General:
   • The Custos acts as the Governor-General’s representative in the parish. In the Governor-General’s absence, the Custos is responsible for receiving the Sovereign, royal family members, the Prime Minister, or any other distinguished visitors as directed by the Governor-General. The Custos also receives the Governor-General during official visits to the parish.
2. Chief Magistrate:
   • The Custos serves as the chief magistrate of the parish, responsible for preparing a roster of Justices of the Peace (JPs) to ensure there are enough JPs available for the Petty Sessions Court and in various districts to perform their duties effectively.
3. Chairman of the JP Appointment Committee:
   • The Custos chairs the committee that recommends suitable candidates for appointment as Justices of the Peace to the Minister of Justice.
4. Engagement with Voluntary Organizations:
   • On behalf of the Governor-General, the Custos takes an active interest in the work of all voluntary organizations within the parish, ensuring their activities receive appropriate recognition on public occasions.
5. Circuit Court Responsibilities:
   • The Custos meets the Judge of the Circuit Court at the Court House at the start of each session.

Additional Responsibilities

Custodes are appointed to serve at the Governor-General’s pleasure and must vacate their office upon transferring residence from the parish or upon reaching the age of seventy-five, unless specially requested to continue in office. The age limit does not apply to those appointed before 1958.

In recent years, Custodes have taken on additional roles, including:

• Chairman of the Governor-General’s Achievement Awards Committee
• Chairman of the Parish Advisory Committee on Local Government Reform
• Chairman of the Community Consultative Committee for the Parish
• Co-Chairman of the Labour Day Committee with the Mayor
• Chairman of the Prime Minister’s Values and Attitudes Committee for the Parish
• Chairman of the Parish Disaster Preparedness Committee
• President of the Lay Magistrates Association

Conclusion

The role of the Custos in Jamaica is a multifaceted one, deeply embedded in both historical tradition and contemporary civic life. As the representative of the Governor-General, the Custos plays a crucial role in maintaining law and order, supporting the justice system, and fostering community development. Through their engagement with voluntary organizations and various committees, Custodes help to ensure the social and cultural well-being of their parishes, making significant contributions to the governance and resilience of their communities.