Updated, adds ministry's reaction - The Chamber of Advocates is proposing to raise the minimum experience required for the appointment of magistrates and judges to 15 years, the Times of Malta has learnt.
In a position paper released today (see pdf below), the chamber also called for the setting up of a permanent standing commission which would propose names to the government for appointments to the bench.
The Constitution currently stipulates that magistrates must have a minimum experience of seven years practising law while judges require a minimum work experience of 12 years.
One of two lawyers appointed by Justice Minister Owen Bonnici last week, Caroline Farrugia Frendo, the 32-year-old daughter of Speaker of the House of Representatives Anġlu Farrugia, does not yet satisfy the seven-year requirement, having taken her oath of allegiance at the end of February 2009.
The other nominee, Ingrid Zammit Young, was not eligible to be made magistrate as she had served on the Employment Commission, a position which automatically precluded her from the appointment. She withdrew her interest in the post shortly after the Commission for the Administration of Justice highlighted her ineligibility.
The chamber is proposing the permanent commission would receive applications from lawyers following public calls, not only limited to when a position becomes vacant. The commission would analyse the applications, carry out background checks and draw up a shortlist from which the Justice Minister would then choose on the basis of the commission’s recommendations.
Dr Hyzler would not be drawn into commenting on the qualities of the two individuals nominated last week by the government.
“The Chamber has never and will not comment on the individuals involved but has always been critical of the system of appointments,” Dr Hyzler said when asked whether the problem with Caroline Farrugia Frendo was her experience, her competence or the fact that she was the Speaker’s daughter.
He said the Chamber believed magistrates and judges had to have maturity and experience.
Asked about Deputy Prime Minister Louis Grech’s comments on Monday night that the government will implement the judicial reform by the end of the legislature, Dr Hyzler said he welcomed the statement but questioned whether the delay was necessary.
“The government has the will to change the appointments system, the Opposition agrees, so I cannot see why we should wait until the end of the legislature when it can be implemented before,” Dr Hyzler said, adding, however, that he would not advocate keeping judicial vacancies empty pending the change.
He said the chamber had been drafting this position paper for several months, well before last week’s controversy. However the chamber was making its proposals public now because of the urgency last week’s situation created.
The chamber is planning on organising an event in the near future where its proposals contained in the position paper are discussed with all stakeholders.
The chamber has, on several occasions, heavily criticised the manner with which the government was appointing lawyers to serve as magistrates and judges.
Following the latest controversy, the chamber had said it was “seriously concerned” that yet again the Justice Reform Commission recommendations had been disregarded.
Headed by former European Court of Human Rights judge Giovanni Bonello, the commission had suggested changing the manner with which members of the judiciary are selected.
“Each time that the minister foregoes the opportunity of implementing the recommendations of the Bonello Commission, a commission that was engaged by the Minister himself, he undermines the credibility and the political will of the government to implement the recommended reforms to the justice system,” the chamber said.
JUSTICE MINISTRY WELCOMES PROPOSALS
In a reaction, the Justice Ministry said it welcomed the 'constructive' proposals by the Chamber.
"The Chamber's proposals, while being very different from those by the Bonello Commission, are nonetheless interesting and form a good basis for discussion, even if one does not agree on all the details," the ministry said.
It looked forward to talks about them.