Landmark bill to revamp judicial appointments passes into law

A long-awaited Bill to revamp the way judges and magistrates are appointed and disciplined, with both sides of the House voting in favour.

Justice minister Owen Bonnici and shadow justice minister Jason Azzopardi have both hailed the Bill - which will transfer the power to appoint the judiciary from government to an independent commission - “history in the making”.

The law will set up a commission who will scrutinize judiciary candidates and advise the government on who to appoint to the bench. The tweaked law will see the Ombudsman and the Auditor General join the Chief Justice, Attorney General and the Chamber of Advocates President on the judicial appointments commission. Lawyers will be able to apply for vacant judicial posts, and their applications will remain completely secret unless the government eventually appoints them to the bench. The government of the day will maintain its power to appoint the Chief Justice.

The Association of Judges and Magistrates hailed the law as one that will strengthen the administration of justice.

“The association will continue to do its part to ensure that impartiality and independence among the judiciary are strengthened day by day,” it said in a statement.

During the committee debate, Azzopardi questioned whether the commission will be given any selection criteria upon which it will scrutinize its candidates, to which Bonnici responded that it will draw up its own set of criteria.

Jason Azzopardi in March warned that the Opposition was ready to vote against and hence defeat the Bill as it would allow the Prime Minister to bypass the Commission’s recommendations and appoint whoever he fancies to the bench. However, an amendment will require the government to issue detailed public and parliamentary statements, in cases where it disagrees with the recommendations.

The Commission for the Administration of Justice will also set up a sub-committee to discipline judges and magistrates. Potential penances will range from slaps on the wrist to fines, suspensions, and letters of recommendations to Parliament to commence impeachment proceedings.

The Bill also seeks to address the long-standing issue of judicial pensions, currently set at around €900 a month. Their pension will now be equivalent to two-thirds of the basic salary of a judge or magistrate.

A proposal in the original Bill to raise the mandatory retirement age for judges and magistrates from 65 to 68 was scrapped from the final version.