New judge calls for reforms to judiciary's wage, pension

Madame Justice Miriam Hayman has called for better conditions of work for the judiciary in her first address as judge. Highlighted the sacrifices made by judges and magistrates, including research, working even when at home and security, all of which she said are not reflected in the remuneration they receive.

Hayman delivered her customary first address in the imposing surroundings of Hall 22 of the law courts, which is normally reserved for criminal trials. In attendance were The President of the Republic, Justice Minister, as well as fellow members of the judiciary, the legal profession and family members packed the courtroom to hear the new judge.

The judge’s speech was preceded by an address from lawyer George Hyzler, President of the Chamber of Advocates. Hyzler praised the new judge’s personal qualities of fortitude tempered with humanity and honesty, but pulled no punches in his criticism of the mechanism by which members of the judiciary were appointed, describing it as an outdated relic of the colonial roots of our justice system, saying that they should be appointed by the Commission for the Administration of Justice. “It is not in the interest of the judicature, much less the individual judge, who is stained with a political label which may impinge on the impartiality and independence which should characterise their position,” said the lawyer, asking why the Government was waiting to implement the promised reforms recommended by the Bonello report.

Hyzler also called for the bringing into effect of the long-gestated law regulating the legal profession, the delay to which he attributed to interference from other sectors. “In the meantime we remain in limbo and whoever wishes to abuse carries on abusing.”

As a magistrate, Hayman had gained something of a reputation for her stern, no-nonsense approach during sittings, as well as her humanity towards those who ended up before her and this trait was present in her criticism of the current system. She added that the current pension for retired judges – currently around €900 per month was woefully inadequate. “Had this not been the pathetic and humiliating reality, it would have been farcical, if not surreal.”

She also encouraged the use of retired members of the judiciary in mentoring new judges and magistrates, so as not to wastethe benefits of their vast and varied experience.

Hayman referred to the speech made by judge Tonio Mallia on the occasion of his retirement, some months back, saying that gaps remain, as his suggestions had not been fully implemented. One measure proposed by Mallia the appointment of the administrative staff for new judges and magistrates begin immediately after the newcomer is announced, a measure which would smooth the transition.

She welcomed the recent reforms to drug laws, but drew the attention of the legislator to the shorter time period afforded to the prosecution to complete the compilation of evidence in drugs cases, saying that it only served to increase the pressure on those working on such cases and suggesting that it should be increased to 30 days, in line with all other types of proceedings.

Another issue raised by the new judge was that of how the law constrains the judiciary to punish offences of “trafficking by sharing,” adding that this makes the proceedings longer than necessary. As it currently stands, the law constrains the judiciary to impose harsh sentences on those who buy above-average amounts of drugs solely to share it with their friends. The court is bound to impose a prison sentence in such cases, even when both prosecution and defence advise against it.

 Hayman argued that such offences should not carry a mandatory custodial sentence, adding that  “in such cases, jail time can only be detrimental to the reform of the convicted person.”

She noted with displeasure the lack of lawyers making themselves available in the legal aid pool, saying that as a magistrate, she had frequently been faced with complaints by persons accused about lack of communication and unhelpfulness from court-appointed lawyers. This attitude does no favours to the honour of the legal profession, said Hayman.

In closing, she thanked all who had showed faith in her and promised to carry out her duties as judge to the best of her ability.  She shared a quote by Roberto Benigni which she had been sent by a friend; “Iniziare un nuovo cammino spaventa. Ma dopo ogni passo che percorriamo ci rendiamo conto di come era pericoloso rimanere fermi.”