‘Wait for our retirement to ask for our opinion,’ Chief Justice says
Chief Justice Joseph Azzopardi said members of the judiciary are impeded from replying to questions sent by journalists, explaining that if they had to do so, it could compromise their position.
In his address at the start of the judicial year, the chief justice singled out ‘persons’ – to exclude, he said, real journalists who “know what to ask and what not to ask” – who expect answers from judges and “even give them deadlines.”
It is easy to attack members of the judiciary because they cannot reply, he said. But journalists should understand that members of the judiciary are not politicians or chairs of parastatal entities, from whom replies are expected.
“We cannot answer most of the questions (journalists ask) not only because we are impeded from doing so by the Code of Ethics, but also because each word we say can lead to a recusal in some cases. Our obligation is to decide, not to abstain,” he said.
As chief justice, he said he had the duty to serve as vice-president on the Commission for the Administration of Justice where “I am obliged to participate in its decisions. Therefore have patience, and wait for our retirement to ask for our opinion.”
He said that the Judicial Appointments Committee works and assured that the committee is scrutinising every application in every detail. “We are not a rubber-stamp,” he insisted, adding that some nominations have been turned down. This should not be taken to mean that the lawyers in question are not capable of doing their job; but they need more experience, especially in litigation, for them to become a functional part of the judiciary.
Lawyers who have the ambition to become magistrates would do well to speak to those already in office for them to be able to understand better the responsibilities that come with the position.
“Magistrates can be compared to water containers that overflow with every drop of water put into them,” he said. People should be thankful for them taking on the workload, which is growing also because of a steady increase in the population, particularly of foreigners who, in the same proportion as the Maltese, commit crimes.
On the Commission for the Administration of Justice, he said that proceedings before it must, according to the law, be held in chambers and not in the public. He explained that recently the disciplinary committee had decided a case and the complainant had been notified. “You know what happened next?
Before the decision arrived before the Commissioner for the Administration of Justice, it had already appeared in the newspapers.
The complainant, who presumably rushed to the newspapers, gave no heed to the orders that the decision is not published. This had happened without anyone taking into account that an appeal had been tabled before the Commission.”
He pointed out that as the judiciary could not arbitrarily decide not to follow the law, neither could the press. “Nobody has the right to decide to ignore the law because he feels it is unjust. If that is the case and the law is out-dated, it should change and not be broken.”
He explained that judges were people who were appointed by other people, and “not divine inspiration” and were therefore subject to error.
The chief justice ended his speech with praise for Madam Justice Lorraine Schembri Orland, who recently started a new position in Strasbourg, and Magistrate Paul Coppini, who is to retire this month. “I wish to thank them both for their service and what they do for our country.”
Louis De Gabriele, president of Chamber of Advocates
The president of the Chamber of Advocates, Louise De Gabriele, highlighted that throughout the past 30 years, the socio-economic environment of the country has changed radically, therefore so have the demands and work of the legal profession. “Our work environment, the work we do, the expectations of our clients and the pressures brought about by such a profession have changed radically.”
De Gabriele spoke about the most recent Moneyval report: “That report found that one of the main deficiencies in our legal framework, and which it considered a significant risk, is precisely the absence of a law regulating the legal profession. Malta does not have a system which tests the legal profession, both before a person becomes a lawyer and afterwards.”
He added that the draft law proposed in the House of Representatives is a unique opportunity for the government to respond to this criticism. He explained that the bill addresses each of the deficiencies mentioned in the Moneyval report, and also includes the introduction of a regulatory framework, providing further transparency and coherent foundation.
He commented that in light of the bill, the Chamber of Advocates had done all that it had to do, with patience and maturity, all towards to the profession and a sense of liability and responsibility to the administration of justice. “The next step now is for the government and politicians to ring the bill in Parliament.”
Present for the occasion were President George Vella, Leader of the Opposition Adrian Delia, Minister for Justice Owen Bonnici, Commissioner for Standards in Public Life George Hyzler, judges and magistrates.
The Institute of Maltese Journalists issued a response to the chief justice’s statement: “With reference to Chief Justice Joseph Azzopardi’s speech this morning marking the start of the court calendar, the Institute of Maltese Journalists would like to point out that the chief justice has every right not to answer questions sent to him if he is precluded from doing so for ethical reasons. This, however, does not mean that there is any harm in journalists sending questions, or indeed any reason for them not to do so, especially in light of the fact that the Maltese courts and judiciary lack a proper media communications department, which should be considered essential for any entity or organisation in this day and age.”