Judicial appointments: recent changes ‘a step in the right direction but we need to do more’

The change in the method of appointment of members of the Judiciary and the enactment of the Lawyers Act will remain at the top of the Chamber of Advocates’ agenda this year states President of the Chamber of Advocates in his introduction to the 34th edi

Undoubtedly, the Chamber has been very vocal about the much-needed changes in the method of appointment of members of the Judiciary.

This has been at the top of our agenda for a number of years now and the Chamber has always been very vocal about it, ultimately achieving “historic changes to the Constitution”. The Executive is now bound to make appointments to the bench from a pool of lawyers previously approved by the Judicial Appointments Committee (JAC). This is a step in the right direction but we need to do more. As long as judges and magistrates are appointed by the Executive at its discretion and not based on a reasoned recommendation of the JAC based on a ranking of the approved applicants on the date of approval, it will inevitably continue to taint appointments with a political brush. In fact, although politically appointed judges, especially those previously active in partisan politics have invariably risen to the occasion, they have had to struggle to counter the public perception of political bias.

These constitutional amendments saw the President of the Chamber of Advocates take an exufficio seat on the Judicial Appointments Committee together with the Chief Justice, the Attorney General, the Ombudsman and the Auditor General. What relevance does this have to the Chamber?

This proves the relevance and the role played by the Chamber, though at times the cynic in me wonders whether it is more of a poisoned chalice. Now that the dust has settled, I believe it is the Chamber’s duty to draft and propose a revised set of selection criteria for adoption by the JAC and then by the Minister of Justice, to serve better the underlying scope and purpose of the constitutional amendments. In my view, irrespective of whether these proposals are adopted or not by the JAC/Minister, our President should voluntarily adopt them as the basis of his judgment in assessing the eligibility and competence criteria of candidates for a judicial appointment.

You describe the status of the Lawyers’ Act as your ‘greatest disappointment to date’.

It is disappointing because the Chamber of Advocates is there to safeguard the interests of its members and to push for higher standards in the legal profession. Once this law is in place, it will allow the profession to modernise in the interest of the professionals who exercise and the community that it serves. While I expect the new committee will resume the pressure to have this law enacted, I also expect those who should know better to refrain from continuing to undermine this bill.

This year marks the 140th anniversary of the first statute of the Chamber of Advocates. How is the Chamber planning to commemorate this?

The first statute of the Camera degli Avvocati as the Chamber was then known was approved on 18th January 1877. A copy of the first statute hangs in the new Committee Room that we have recently refurbished. This reminds us of the legacy that we are proudly called on to uphold. This is why we are proposing to revise the statute this year which will bring us formally in line with the Constitution of our counterparts in Europe and conform to the CCBE model statute. This statute will also regulate inter alia cross border provision of services.

Ethics form an intrinsic part of the legal profession. How is the Chamber upholding high ethical standards?

Rightly so, the Chamber constantly seeks to ensure that ethical standards are respected across the board. Recently, we concluded a revision of the Chamber’s Code of Ethics. Revision of this Code is more a work in progress, as the interpretation of the fundamental rules that distinguish our profession requires periodic revision because times change and we need to adapt to that change. Inter alia, law firms will be regulated for the first time. Going forward, I feel that we seriously need to reconsider our position on marketing in areas such as corporate services that are not reserved for lawyers. We also need to start publishing, on a no-names basis, decisions of the Committee for Advocates and of the Commission for Administration of Justice, as these decisions are a learned and practical source of interpretation.

What other initiatives have been undertaken by the Chamber over the past months to ensure a more smooth-running operation?

We have just completed the reorganisation of our accounts and financial reporting systems. These are now up to date, in good shape and now provide greater transparency and accountability especially given our increasing membership. We are also about to appoint an official broker for the Chamber that will provide different professional indemnity insurance policies for lawyers. In today’s world, adequate cover is highly relevant and I strongly urge those lawyers who still resist the idea of being adequately insured to seriously re-consider their position. Other ongoing initiatives include the upgrading of our IT systems, the development of a new web site, on-going discussion on the revision of court tariffs, a project to set up a child-care facility and the reorganisation of the library and archive with the help of the Junior Chamber of Advocates.

The Malta Law Academy is the training arm of the Chamber of Advocates and it has been very active lately.

The legal profession is a very challenging one as lawyers need to be constantly up to date with the law. This is why the Chamber established the Malta Law Academy (MLA) as a foundation to provide continuous training to lawyers after their graduation. In the last two years, the Academy organised 24 conferences, seminars and lectures which saw an increasing number of participation by legal professionals seeking to keep up with the legislation that is constantly changing. Our final aim is not only to retain but also to strengthen the level of the legal profession and the MLA stands to assume a more relevant role as and when continued professional development becomes a formal requirement to retain our practising certificate following the introduction of the Lawyers’ Act. The Malta Law Academy’s next half-day conference themed “Consumer Law and Policy” will be held on 15 March at the Chamber of Advocates’ premises inside the Malta Law Courts and will coincide with World Consumers Day

Dr George Hyzler