Advocates’ president tells on ‘intimidating’ judges during speech

The duration of court cases, notifications and warrants, and the role of the judge were the three pressing factors of an impending reform of the Maltese judicial system, Chamber of Advocates president Reuben Balzan said in his address to the judiciary on the opening of the forensic year.

But Balzan may have raised an eyebrow or two when he referred to a "couple" of members of the bench who he said were being disrespectful to their own court "by passing inappropriate comments" while presiding over their cases.

"Unfortunately there's one or two judges who feel justified in passing inappropriate comments while presiding their cases. Apart from being disrespectful, this only serves to reduce the necessary trust and respect that the public and us as lawyers should have towards the judge," Balzan said.

"And I'm not referring to those occasions when a judge is under particular pressure, or when he would have had a bad day, or when they lose patience. Everybody is human and errs. I am referring to those judges who systematically use comments that are almost intimidating towards the public and lawyers. This is unacceptable."

Balzan reminded the judiciary of recent occasions in which their name had been brought in disrepute.

"And this brings me to an essential part of the forthcoming judicial reform - the discipline of the judiciary. I know that a part of the judiciary feels that there is the need for some effective discipline. I know that there are those who have no fear of having to be accountable."

Balzan referred to a proposal to have a disciplinary committee for the judiciary, saying this could easily undermine the independence or autonomy of the judiciary.

"Not even if the President of the Republic presides such a discretion, would this be enough of a safeguard. We believe that the Commission for the Administration of Justice must be given the tools it needs, and which it lacks today, to be stronger.

"Anything undermining the judiciary's autonomy would be unacceptable for us, and we're not ready to compromise on this matter."

Balzan hinted at the need for a greater number of magistrates and judges, comparing Malta's 42 judges to Luxembourg's 188, and citing an eight-year backlog of cases. "It will be impossible to solve this backlog without increasing the number of judges and members to work with this workload."

Balzan flagged the recent resignations, on recommendation of the civil service head, of the chairmen of the Industrial Tribunal, a judicial body that should also enjoy autonomy from the government executive. "It was a mistake to demand their resignations, and this is the wrong message to send out, because it shows the tribunal is not independent of the government of the day."

Balzan also referred to the new requirements for prospective undergraduates in the Faculty of Laws, saying the minimum 'E' grade in intermediate level subjects made it "hard to respect a course of studies" that chooses quantity over quality. "There are many lawyers, and we need people of a high level to safeguard the interests of our citizens. We feel the minimum grade of intermediate level subjects should at least be three Cs."