Justice Minister to present Bill on disciplinary actions for judiciary

Justice Minister Jonathan Attard will shortly be presenting a Bill to Cabinet to strengthen disciplinary procedures for the judiciary following year-long talks with their representatives. 

Attard said his ministry took the cue from the Chief Justice’s appeal last year for a structure to oversee standards of the judiciary. 

The minister was speaking to MaltaToday ahead of the new judicial year’s opening this week. The opening ceremony is characterised by the annual speech delivered by the Chief Justice. 

 “As a ministry, we followed up on the Chief Justice’s appeal because we believe there is a missing link when a person feels aggrieved by an ethical shortcoming of a magistrate or a judge,” Attard said. 

His ministry has conducted an in-depth analysis of the current situation and explored various methods to introduce greater accountability. But while thanking the Association of Judges and Magistrates for what he described as their “willingness and cooperation” to engage on the reforms, he refrained from disclosing the specifics of the discussions. 

“The reforms will ensure all judicial members adhere to their constitutional obligations and maintain high ethical standards, while also fostering public trust in the system,” the minister said. 

“To this end, in the coming days, we will present a Bill to the Cabinet aimed at creating a new role to strengthen disciplinary procedures before the Commission for the Administration of Justice and uphold the standards expected of the judiciary,” Attard said. 

The reform will require a change in the Constitution and the minister expressed hope consensus will be reached with the Opposition.

Reforming how chief justice is appointed 

But other reforms will also be addressed, such as the appointment of the Chief Justice, the streamlining of the process for lawyers and legal procurators’ warrants and other procedural measures. 

In its annual Rule of Law review, the European Commission has been suggesting, among other things, the involvement of the judiciary in the appointment of the Chief Justice. 

“We will propose several amendments that will, among other things, address the recommendations put forward by the European Commission in the Rule of Law report. We hope that, following dialogue with the Opposition, we will be able to move forward with consensus on the amendments,” the minister told MaltaToday. 

Attard said the government was also engaged in ongoing discussions with the Chamber of Advocates regarding the Lawyers Act. “We want to elevate the profession and ensure that it is regulated in a manner that guarantees a high standard of representation,” Attard said, adding he looked forward to bringing this reform to fruition in collaboration with the Chamber of Advocates.

€10m tender for court IT system 

Addressing another of the European Commission’s observations that digitalisation of the justice system still needs ‘substantial improvement’, the minister said that just a few days ago a tender with an estimated cost of over €10 million was issued for the creation of a new Court Management Information System. 

“This project, which benefits from EU funding, is aimed at digitising the Court process thus maximising the Court Services Agency’s resources,” Attard said. 

Asked about delays in court proceedings and hearings that start well beyond the allocated time, Attard said a collective effort is needed to address these challenges. 

“The government must continue to invest in human resources and infrastructure while reforming processes through legislative changes,” he said, noting that the unprecedented expenditure in the justice sector has resulted in the largest judiciary in Malta’s history. 

The court system has a staff complement of 550 people, which includes almost 90 lawyers serving as Court Attorneys and Judicial Assistants. Attard said this investment will not only be sustained but also “enhanced”. 

“We aim to strengthen specialisation within our courts. Earlier this year, we appointed four additional magistrates, and following discussions with the Chief Justice, we established a dedicated pool of four magistrates focused on inquiries, which is already producing positive results. Looking ahead, we plan to introduce further legislative measures in this sector and continue work on a separate building to support this initiative,” he said.

New Commercial Court, new building 

Attard added that government will soon propose laws to bolster the specialisation strategy, not only in the Criminal sector but also in Civil Law areas. 

One of the areas of specialisation recently announced by the Prime Minister was the creation of a specialised Commercial Court which follows on several calls made by international bodies. Such a court would be expected to address issues of a commercial nature such as merchant shipping and intellectual property in an expeditious and efficient manner. 

Attard said a specialised commercial court will provide greater reassurance to foreign investors. 

“However, this also depends on increasing the efficiency of such a Court and to this end, we aim not only to increase the number of judges presiding over the Commercial Court but also to advance plans for the creation of a new building to house this Court,” Attard said. 

The creation of the new court will be part of the legislative reform government will be putting forward in parliament.

Backlog of cases 

But Attard was coy when asked whether certain members of the judiciary were to blame for a backlog in cases. “I believe that, for the most part, they carry out their responsibilities with admirable commitment. There have been areas where significant progress has been made in reducing backlogs, as noted in the Rule of Law Report. This success is not solely attributable to the political willingness to amend the law but also to the dedication of the members of the judiciary presiding over these sections,” he said, while acknowledging that much remains to be done. 

“I assure everyone that as a government, we are not indifferent to these realities and are determined to continue implementing reforms for effective and efficient justice,” the minister insisted. 

However, he acknowledged that human resource shortages continue to pose a significant challenge in the justice sector like anywhere else. 

Attard said the recruitment process remains ongoing. “Over the past decade, the number of employees working in the courts has increased by 45%, and this trend is expected to continue in the future.” 

He said the signing of the first collective agreement for court employees after the last general election was “instrumental” in attracting more individuals to the sector. “We are now looking forward to the upcoming discussions regarding a new collective agreement. A collective agreement aims not only to recognise the contributions of existing employees but also to entice new talent into the workforce.