A third of judges due to retire within five years
A third of Malta’s 21 judges are due to retire within five years if the current retirement age of 65 is not raised before then. After losing Mr Justices Joseph Galea Debono, Carmel Agius and David Camilleri within a short period, and with Mr Justice Philip Sciberras retiring by the end of this year, the number of judges on the bench is depleting fast.
There have recently been several calls on the government to raise the retirement age but Justice Minister Carmelo Mifsud Bonnici has said this will not be done for the time being.
Besides Mr Justice Sciberras, who turns 65 in December, another six judges are in their 60s. Joseph Filletti is 64 and reaches retirement age next March, Geoffrey Valenzia is 63 and is due to retire in June 2012, while Lino Farrugia Sacco is 61 and retires in August 2014. Michael Mallia and Gino Camilleri are both 60, expected to retire in March and June 2015 respectively, while Lawrence Quintano, who was only promoted from magistrate a few weeks ago, is already 61 years old and will retire in July 2015.
Moreover, 12 of the 21 sitting judges are in their 50s, with half of them already past the 55 mark.
The situation is compounded by the fact that many lawyers are reluctant to take on a position in the judiciary because of what, in the legal profession, is considered to be a puny wage. The salary packages for the judiciary, including allowances, average from under €44,000 for magistrates to €50,000 for judges, with the Chief Justice earning around €56,500.
“Compare that to between €100,000 and €150,000 which an average lawyer in private practice can expect to earn,” one lawyer told The Times.
The situation with magistrates is not as bad as that of judges. But things are not rosy either. Of 17 sitting magistrates, who also retire at 65, the eldest is Joseph Apap Bologna, who turns 63 in February, followed by 58-year-old Magistrate Carol Peralta, who currently serves as an International Judge of the Appellate Division of the War Crimes Section of the Court of Bosnia and Herzegovina, based in Sarajevo. Next in line to retire is Senior Magistrate Silvio Meli, who is 56 years old.
Announcing his retirement two weeks ago, Mr Justice Agius said judges were in their prime at 65 and should be allowed to serve until they began to experience health problems. In fact, although retiring from the Maltese judiciary, he will continue to serve on the International Criminal Tribunal for the Former Yugoslavia at The Hague.
Writing in this newspaper last week, former Chief Justice John J. Cremona called it a “sheer waste of talent” for judges to stop working at 65 and made a case for a “reasonable rise” in the retirement age.
Last October, at the opening of the forensic year, no less a figure than Chief Justice Vincent de Gaetano called for the retirement age of members of the judiciary to be raised to 68.
Nationalist member of Parliament Franco Debono and Labour MP José Herrera, both criminal lawyers, are also convinced that it should be higher.
Chief Justice de Gaetano’s departure to take up a post on the European Court of Human Rights in Strasbourg will only make the situation worse.
However, the Constitution does not impose that a judge must necessarily take the place of the Chief Justice: The government has the option of appointing someone who is not yet a member of the judiciary.
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Henry Calleja
Aug 30th 2010, 15:52
The bloggers that expressed their opinion below are all in favour that judges should resign on reaching 65 years of age. I agree too, because althought some judges are known to be of great proficiancy, others are not. Like any other profession or job, some are missed on retirement but others are not. So,as they are also priveleged to stay till 65, after that it is only fair to have them replaced by up and coming good lawyers who deserve a promotion
c. camilleri
Aug 30th 2010, 15:51
Perhaps raising their retirement age will make them deliver more. Who knows??????????
Joseph P. Borg
Aug 30th 2010, 15:44
R. Cuschiei , Paul Degabriele and others of same ilk, cannot you realise that forcing people to retire on pension when they can still continue to give service to the community will aggravate the payment source of N.I. pension. Isn't it only natural that as life expectancy is continuously being extended so should also the working period should follow suit.
On what basis do you insist that a person should retire at a certain age.
As I have already pointed out, age should never be the determining factor when a person should retire on pension; only his physical and mental disposition should be the natural regulator.
R Cuschieri
Aug 30th 2010, 14:47
Just retire and make way for the new generation, When these judges started they were all inexperienced and started from scratch.
I don't think that there is a shortage of lawyers that can take their place.
I bet that when it was their turn to become judges, they weren't asking the government to increase the retirement age so that the judges who were there at the time could stay longer.
Let's hope that they don't get an extension with the excuse of "waiting lists" like in the case of medical consultants.
Il- folja iddur ghal kulhadd.
paul Degabriele
Aug 30th 2010, 13:18
min ma jidilx iqammel jghid il-Malti
Ibdel u gib il min jibdel
immagina kieku d-dinja ma tinbidilx
allahares il-gustizzja taqa f-idejn tuzzana mhalfin
Joseph P. Borg
Aug 30th 2010, 12:48
Age should never be the determining factor for terminating an emplyment. Each individual, forming part of a civilised society HAS THE DUTY TO WORK in accordance to his/her physical and mental ability. No one should be forced from carrying out his duty, whatever his contribution to the community is , even if he/she is a self-employed person.
A forced retirement from work, without a valid reason, is a denial of a natural right . Our politicians, as legislators of our laws, have long been copying legislations enacted by other countries withour any consideration of whether they are in conflict with natural laws.
As Dr Jesmond Morris, the well known zoologist says " Man often tend to act like apes" - they tend to copy what others do without making use of their brains, if they have any in their otherwise empty heads. They do so as they are supported by the gullible voters who elect them.
Dunstan Crockford
Aug 30th 2010, 12:09
.....and so???? Life goes on for us all doen`t it!!Nothing special for this sector....and we did lose 2 others to corruption too!!! That didn`t put the judiciary in a good light did it?
I also hope that the aquarium is no longer at the law courts!!
Joe Bonnici
Aug 30th 2010, 12:06
Haddiehor mhux ukoll jispicca? Anzi ghandhom jghidu grazzi lill-poplu talli ghandhom dak is-salarju kollu u anki karozza bis-sewwieq ghad-disposizzjoni taghhom imhallsa minn flus il-poplu. Ghax ma jarawx kemm jahdmu haddiema ohra ghal hafna sieghat iktar minnhom.
gaffarena joseph
Aug 30th 2010, 12:04
They will retire and be replaced, this happens in every skilled worker that retired .
The difference is that now they will have a good pension and can easily cope with
life,not like the normal skilled worker,that have to struggle hard to cope with life.
r.spiteri
Aug 30th 2010, 11:43
Allura! Jispiccaw! qisha se tispicca d dinja x`kull wahda! Jilhaq haddiehor. Huma ma kienux godda wkoll.Nisgthu noqoghdu sejrin hekk, ghax bl-esperjenza ma jispiccawx bil pensjoni. Mhux diga qed idumu 4 snin iktar minn haddiehor. X ghandhom specjali?Kulhadd joghogbu l-poter ghandek tghid!
M.Camilleri
Aug 30th 2010, 11:38
“Compare that to between €100,000 and €150,000 which an average lawyer in private practice can expect to earn,” one lawyer told The Times.
being a lawyer and surrounded by lawyers, I really don't know anyone who earns that kind of money... maybe just the lucky few.
Alfred Bugeja
Aug 30th 2010, 12:43
I guess you need to start working in the criminal field then.
Peter Korsten
Aug 30th 2010, 14:32
Political allegiance also has something to do with it. If you're with the right party, you can make a lot of money.
For the majority of lawyers, and especially the young ones who come straight from University, that amount of money is very, very far away.
Lawrence Cardona
Aug 30th 2010, 11:10
well everything comes to an end if they have to retire so be it that means an other 21 vacant places for new fresh blood start warming these new lawers to take the post i'm sure instead of ending up in an office doing all kind of work exept being a lawyer i think there are some off them intrested for the job not like you are saying that after they become lawyers they pretand to earn 1000's of euros and if some one argues that we will be loosing the best elements we have doctors, police. nurses,soldiers that retire and no one ever said we are loosing elements so i don't think they will make any diferance let them enjoy there pention or do like other countries let them do some work gratis let's say like giving good lectures at the university so young lawyers can become judges and there places will never be vacant again
malcolm mason
Aug 30th 2010, 12:55
well said everone retires eventually . its needed to ensure work and promotion for new workers. also younger people are more in tune with modern society
M. Xuereb
Aug 30th 2010, 11:01
F'certu kazijiet huwa ahjar li certu mhallfin u magistrati jirtiraw, l-iktar meta jkunu jahsbu b'mohh antikwat u djuqija liema bhalha.
David Smith
Aug 30th 2010, 10:35
Are judges and magistrates the only valid people in employment with the Government who could still contribute well beyond the retiring age of 65 years? Are they the only people worthy of a decent salary?
Miguel Micallef
Aug 30th 2010, 10:21
A change in mentality is urgently needed in many areas, therefore it will be beneficial to all when these people step down and new blood replaces them.
If we aren't able to replace them then we should just stop being an independent state and join some other country - not just because we do not deserve to be an independent state, but becuase we are not able to do it.
R.Borg
Aug 30th 2010, 10:08
"A third of judges to retire within five years"
SO WHAT?
These same judges a few years ago took the place of other judges who had then retired.
WELL DONE AND THANK YOU!
No-one is indispensable.
What we really need is judges et alia who do their duty and give their life-profession so that justice is not delayed so as justice is not denied.
joeseph borg
Aug 30th 2010, 08:48
so that is why our juridical system is so lame!!!!!!!!!!! most of the system is set up in accordance to 60 year old pace.
i beleive the system should be adjusted and fresh blood is entered in the system, more over, more people should be appointed in similar posts in an effort to make the wheel run from the present stagnate system.
i can't beileive that in this day and age we are still presented with court cases, which are 20 years old and still no one has been able to resolve them.
i sometimes am of the opinion that this is done on purpose, a whole conspiracy theory against the nation and at the expense of the nation
l.farrugia
Aug 30th 2010, 08:29
After losing Mr Justices Joseph Galea Debono, Carmel Agius and David Camilleri within a short period, and with Mr Justice Philip Sciberras retiring by the end of this year, the number of judges on the bench is depleting fast. Hekk jghid l-artiklu tat-Times of Malta on-line. Ghalija dan huwa insult ghal min jista jilhaq warajhom. Kif jaf kulhadd fid-dinja hadd ma huwa indispensabbli u jekk jispicca l-imhallef bħal f'dan il-kaz jilhaq ieħor. Fost il-numru kbir ta' Avukati prattikanti zgur li hemm nies ta integrita u gherf li jistaw jiehdu post dawn l-imhalfin. Nixtieq li kieku id-dipartiment tat-taxxa jghidilna kemm avukati li jipprattika fil-privat u li jaghmlu xoghol medju jiddikjaraw bejn 100,000 u 150,000 ewro, sabiex naraw kemm dan l-argument tiegek jorbot. Dawk kollha li inti ikkwotajt li huma favur tibdil fl-eta huma kif jghidu l-inglizi 'All in the Industry' u ma nistennix li se jargumentaw kontra.