When she retired, she was lauded as a Puisne Judge with “abundant wisdom”, “integrity” and a “passion for justice”.
Over the course of her career, Charles-Etta Simmons was involved in some very high-profile cases, including the groundbreaking decision in the Godwin and DeRoche et al vs the Registrar-General case, where she ruled that same-sex marriage was legal in Bermuda.
Ms Simmons’ journey to the top – the first Bermudian-born Black woman to serve as a Supreme Court judge – was far from easy, however.
Barriers were placed in her way, a male-dominated professional world was unwilling to accept a woman into the system and, she said, if she had not been ‘gutsy’ she would never have gone as far as she did.
BREAKING BARRIERS
It’s difficult to do justice to Ms Simmons’ career but, in short order, she was called to Bermuda Bar in 1985, started her own practice Simmons and Co, became a Magistrate, then the Registrar of the Supreme Court, an assistant justice and then Puisne Judge.
On several occasions, she also stood in as Chief Justice of Bermuda.
“I must say that I didn’t see myself remaining at the Magistrates’ Court for very long, because already I had my eyes set on the high court bench,” said Ms Simmons.
“So, I took the first opportunity that came to apply to become the Registrar of the Supreme Court. I talked to the Chief Justice at the time and told him that I was interested in applying for that post.”
That, said Ms Simmons, was when she first got pushback. Being both Black and a woman, she believes, strongly counted against her.
“All of the previous registrars had been foreigners, I think they were all English and their way into the post was very different.
“They were probably cleared maybe somewhere in England, you know, by the Lord Chancellor or somebody.”
PERSISTENCE
Thanks to friends in high places, she was able to find out who the other applicants were, and they were all male, but she believed she had the experience to more than match them.
“I remember telling the Chief Justice at the time that if I did not get the appointment, I would have to sue him and the Governor.”
Struggling a little for words, the author of this article suggested that she was ballsy, Ms Simmons preferred the word ‘gutsy’.
She got the job. Gutsiness won the day – it was not to be the last time.
Applying for the assistant justice post would, she knew, involve more kickback. How did she deal with that? The G word again.
Two large cases were due to be heard which would take substantive judges out of their offices for some time.
“So, I knew that there would be a vacancy and there would be a need for temporary judges. I talked to the Chief Justice about it, and he told me ‘if you want to do it, it’s on your head. Anything goes wrong, it’s your responsibility’.
“That’s what he said to me. Now, how could a Chief Justice say that? But that is the sort of thing that I met all the time.”
GUTSINESS
Undeterred, she drafted a memo to the then Attorney-General, Dame Lois Browne-Evans, arguing that there was provision under the constitution that allowed the appointment of assistant justices whenever the office required it.
The posts existed but had not been funded but realising the need, the Cabinet agreed to the funding required.
She wrote to the then Deputy Governor to officially apply and was told to supply documents that she knew that other applicants, including a male British expatriate, had not been asked to supply.
But you got the job? “I got the job because I had to be what? Gutsy.”
Later, when two vacancies arose for substantive positions, she discussed the matter with a colleague.
Ms Simmons said: “We thought that because, now there were two vacancies in the substantive posts, why are they keeping us as assistant justices? Are they trying to get around us and seek other people?
“Well, in fact, they were. They ran ads, but we both applied.”
She believes people overseas were being encouraged to apply.
THINKING SMART
At her interview, the then Chief Justice asked what Ms Simmons described as a difficult and long question.
As luck would have it, as she waited for the interview, she had read an article in a law magazine that addressed that difficult question.
“It was a tough question, one of those in two parts, long and difficult. When I answered it, he looked at me, his mouth was wide open.”
Was he trying to set her up? “Oh yes. Oh, don’t worry. I’ve been set up before.” She was gutsy, she got the job.
To this day, however, although Ms Simmons has acted in the post, there has never been a full-time female Chief Justice.
Looking back, would she have done anything differently? “Yes,” she laughed. “I wouldn’t invite the challenges because I would have gone directly into commercial work. I’d go for the money!”
A FAIRER FUTURE
But seriously … what is the advice you would give a young person, a young woman, trying to make their way?
“Whatever you dream, whatever you choose to achieve, start laying foundations early because it doesn’t happen overnight.
“You lay the foundations, and you will achieve. Whenever the opportunities came, I took the opportunities, but I was also preparing myself experience-wise, to be able to take those opportunities.”
She added: “A lot has changed. I see young women now getting scholarships that would not have been available to me in my day.
“I see young women now getting hired in the larger law firms that I think probably would not have happened before. Even more than being allowed in, they actually become partners.
“I have no regrets about the path I took. I have no regrets about that. I mean, I think that I have played a valuable part in my country.”
