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2 News maltatoday, WEDNESDAY, 2 OCTOBER 2013 Forensic year opens, advocates and Chief Justice bemoan problems in judiciary MATTHEW VELLA AND MIRIAM DALLI THE duration of court cases, notifications and warrants, and the role of judges were the three pressing factors in an impending reform of the Maltese judicial system, Chamber of Advocates President Reuben Balzan said in his address to the judiciary at 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 over their cases. Apart from being disrespectful, this only serves to reduce the necessary trust and respect that the public and we 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 into 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 its independence or autonomy. "Not even if the President of the Republic presides over 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 judici- Silvio Camilleri ary'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, upon the 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 Every Monday at 18:55 on Reuben Balzan Apart from being disrespectful, this only serves to reduce the necessary trust and respect that the public and we as lawyers should have towards the judge" – Reuben Balzan interests of our citizens. We feel the minimum grade of intermediate level subjects should at least be three Cs." For Chief Justice Silvio Camilleri, the opening of the forensic year was an opportunity to urge government to invest in human resources and better working space for members of the judiciary. Reflecting on the criticism raised by the Commission for Justice Reform – chaired by Judge Emeritus Giovanni Bonello – on the delays in court sentences, Camilleri indicated that no reference had been made to the weak administrative support. "There are currently no less than 29 vacant secretary posts, which mean that no less than 13 members of the judiciary do not have the necessary 22:15 on support to operate efficiently," he said. A number of these secretaries would also be responsible for updating the courts' IT system. As for court messengers, Camilleri said there were 10 vacant posts that have been vacant since 2012. Secretaries, messengers and deputy registrars were important in providing the necessary support to members of the judiciary. "Cases must be regularly updated, statements transcribed and documents collated. This work cannot be carried out by a judge or a magistrate," Camilleri said. According to the Chief Justice, there were also "frequent resignations" of judiciary assistants. The lack of human resources was not the only problem flagged by the Chief Justice, who complained over small and shared magistrate's chambers. "The problem of space has now become acute," he warned. Speaking on justice reform, Camilleri once again harshly criticised the set-up of the Commission for Justice Reform, saying that it "lacked the presence of persons who worked in the criminal justice system". "This was evidently clear from a number of shortcomings and weak recommendations put forward by the commission. I don't want to be misunderstood, because this exercise is undoubtedly necessary... however, it is also clear that the commission was under pressure to deliver in a short time." In his opening remarks, the Chief Justice expressed sorrow over the events that "marred the judiciary" near the end of last year, referring to the alleged bribery and trading in influence of a former member of the bench. "The judiciary was shaken from its foundations, and the people's trust was radically hindered. Every member of the judiciary was now under the spotlight and every decision was being suspected. No bigger damage than this could have taken place. "It was not only about judges and magistrates feeling humiliated and hurt with the turn of events, but it was also about gaining back the public's trust."

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