Updated | Minister will reform judges’ appointments before next election

Shadow home affairs minister Jason Azzopardi has filed a private members’ bill to amend the Constitution and establish a judicial services appointment authority.

The PN is proposing that the authority, appointed by the President of Malta, recommends the appointments of the Chief Justice, judges, magistrates and small claims tribunal adjudicators.

Reacting to the motion, Justice Minister Owen Bonnici said he was taking the PN’s proposals with a pinch of salt, but that he would reform the system of appointing judges before the next election.

“The PN never included a reform in judges’ appointments in their 2013 manifesto… and their motion resembles much of what the Chamber of Advocates has been proposing, rather than the Bonello Commission’s recommendations,” Bonnici said.

But while saying he would not rule out freezing any appointments to the bench before the reform is carried out, Farrugia said he would still forge ahead with making Caroline Farrugia Frendo a magistrate.

The Labour government has come under recent pressure over the nomination of two lawyers to the judiciary. One of them, Employment Commissioner Ingrid Zammit Young, withdrew her nomination after the Commission for the Administration of Justice warned of a possible impediment in that people aren't eligible as magistrates until three years after the termination of public office. 
The other nomination is Speaker's daughter Caroline Farrugia Frendo, 33, who has controversially not even completed a full seven years' legal practice as requested by the Constitution.

“We need more magistrates,” Bonnici said. “94% of all criminal cases are handled by magistrates and without new appointments, the cases will be delayed even longer.”

PN motion for judicial appointmnet authority

The PN's bill proposes that the authority would be composed of the Chief Justice as its president, the president of the Chamber of Advocates, the Attoney General, and two lawyers each nominated by the Prime Minister and the Opposition. Those who in the preceding three years occupied any official role or position within any political party cannot sit as members on the authority.

The authority would also be entrusted with the appointments of court attorneys, legal aid lawyers, international court judges, a spokesperson for the judiciary, the jurors’ selection board, and juvenile court assistants. The appointments would be made following a public call for expressions of interest, but the identity of the persons who express an interest would be treated as confidential.

The blil also proposes increasing retirement to 68, and that judges and magistrates must have practised in a court of law for not less than 10 years in a 15-year period since having been sworn in as an advocate.

A first reaction from the Prime Minister's spokesperson on Twitter said that the PN was "25 years too late" in proposing a judicial reform that Labour is pledging to do before the next election.

Jason Azzopardi denied that a political imbalance in the appointment of judges was apparent under the PN administration, saying all judges appointed were based on their competence. “An example was Philip Sciberras, a brilliant legal mind,” Azzopardi said of the former Labour MP.

“We always consulted with the Opposition, and they always agreed with our appointments. If Labour wants true reform now, they should just stop nominating any judges before the reform is truly carried out: otherwise they would be filling every nook and cranny with their preferred candidates before carrying out the reform.”

On his part, PN deputy leader Mario de Marco struck a different chord on the appointment of Caroline Farrugia Frendo, daughter of Speaker Anglu Farrugia, who at 33 is being nominated to the magistrature.

Contrary to Opposition leader Simon Busuttil, De Marco refused to call out the appointment as a blatant case of nepotism.

“We’re not interested in passing personal judgement. Everyone is free to judge nepotism as they see it... I’m not here to give my personal opinion.”