Lawyers' call for changes to judiciary appointment process

The President of the Chamber of Advocates reiterates the call for changes to the way the judiciary are appointed during the inaugural sitting of Judge Joanne Vella Cuschieri

Judge Joanne Vella Cuschieri held her inaugural sitting this morning
Judge Joanne Vella Cuschieri held her inaugural sitting this morning

The President of the Chamber of Advocates has reiterated the call for changes to the way the judiciary are appointed in Malta as he gave a speech marking the inaugural sitting of a new judge.

Family members as well as current and retired members of the judiciary filed in to Hall 22 of the courts to attend the inaugural sitting of madam justice Joanne Vella Cuschieri this morning amidst controversy surrounding her appointment.

In April this year, civil society NGO Repubblika had filed an application for an injunction against the appointment of new judges, Vella Cuschieri amongst them, arguing that the government had failed to implement promised changes as to the way the judiciary are appointed. 

The NGO said that the government had accepted the Council of Europe’s Venice Commission recommendations to introduce a different method of appointing judges in a way to guarantee their judicial independence, but had failed to act on them. The application for the injunction was rejected, the court ruling that "no irrevocable prejudice" would be created by the appointments.

In his welcome speech, President of the Chamber of Advocates Louis De Gabriele, said that not every lawyer is cut out for the bench but that Vella Cuschieri had made the transition successfully. He praised her expedience and efficiency as a magistrate and said it augured well for her new post.

De Gabriele spoke about the changes to the appointment process, pointing out that the final discretion was still in the hands of the executive. The expectations of society had changed and what was acceptable in the past was not necessarily still so today, he said.

The appointment of the judiciary is crucial to rule of law but it is the political class who must be responsible for addressing the situation with a wider consultation in order to find a solution, De Gabriele said.

There was a strong tradition of judges who left their past behind them and carried out their duties with the required intellectual integrity, said the lawyer, saying he had “no doubt” that the new judge would continue this tradition.

Vella Cuschieri’s performance is a good indication of how well she will do in this new role, De Gabriele said.

In her inaugural address, the new judge thanked all those who had helped her along the way, especially her parents for their support and the sacrifices they had made to allow her to study.

Statistics showed how seriously she took her role as a magistrate, she said.

Having been posted as a magistrate in Gozo since her elevation to the bench, Vella Cuschieri highlighted the plight of the staff at the Gozo courts who work in premises which are both cramped and mouldy.

The contents of the oath of office are “burdensome and serious and bring a lot of sacrifices,” she said, but added that she maintained a positive outlook for the future.

After her brief speech, the new judge was given a standing ovation by those present.