Chamber of Advocates president Reuben Balzan will urge the judiciary to embrace accountability when he addresses them this morning.

His will be one of two speeches delivered during the traditional sitting that inaugurates the court’s forensic year. The second speech will be delivered by the Chief Justice.

“Accountability is the keystone to everything else,” Dr Balzan told Times of Malta yesterday from his office above Republic Street, where he was preparing his speech.

The judiciary has to be committed to the reform, he added.

The forensic year opens in the shadows of the Government’s drive to reform the justice system.

This seeks to cut court delays and change outdated structures but an important element is the introduction of disciplinary measures for magistrates and judges who err.

“No matter how good and efficient a system is, if a judge or magistrate does not do what is expected we will be back to square one,” Dr Balzan said.

The Chamber of Advocates has proposed strengthening the existing Commission for the Administration of Justice to give it the necessary clout when exercising discipline.

This position differs from the proposal by the reform commission, headed by former European Court of Human Rights judge Giovanni Bonello, to create a specific constitutional disciplinary commission.

The justice commission is currently a watchdog without bite as it can only reprimand members of the judiciary and any recommendations can be ignored with impunity. Alternatively, it can mete out the severest form of discipline by recommending impeachment.

It is only fair that wages and pensions match the level of commitment society expects from the judiciary

This state of affairs has prompted repeated calls for reform, which have often floundered on concerns that subjecting the judiciary to a disciplinary body would threaten its autonomy and independence.

Dr Balzan insisted magistrates and judges should be above any sort of influence but at the same time emphasised they were expected to do their job well: “I have a problem having any member of the judiciary who is not accountable at all.”

But Dr Balzan acknowledged that from discussions he had with a number of judges and magistrates, the majority agreed with more accountability.

“Most are frustrated because they think criticism towards them is unfair but they are as helpless as we are to change the system... most will accept more accountability because the inappropriate actions of the few end up tarnishing everybody’s image,” he said.

Dr Balzan believes that a possible consensus on a proper disciplinary platform and procedures that respects the autonomy and independence of the judiciary does exist: “It is just a question of finding the right formula.”

It may sound simple but Dr Balzan is aware of the pitfalls. Change in the legal system does not come easy.

An agreement reached two summers ago between the chamber, the judiciary and the justice ministry to introduce a system of appointments for cases to be heard on time never materialised.

Dr Balzan said the agreement failed because there was lack of discipline by everybody involved, including lawyers.

“But the buck stops with the judge or magistrate because it is he who decides whether a case starts on time or not.”

The argument touches on a major issue of concern for ordinary citizens who are often caught up in an endless wait in court, only to have their case postponed.

Not every court sitting can be given a time and date because urgent cases get precedence. The chamber had suggested blocking off an hour between 9am and 10am for the urgent cases and those in which simple administrative procedures are required.

Dr Balzan believes that if court delays were sorted “85 per cent of all problems” would be solved.

But he added a cautionary note: “No matter how good a proposal is, if people don’t make an effort to make it work, it won’t work. The judiciary have to believe in the reform and give it a chance to work, even if they don’t agree with all aspects.”

However, reiterating a call made by the justice reform commission, he appealed for a better pay packet and pension for members of the judiciary.

He said members of the judiciary were expected to isolate themselves, and have no alternative employment or income, so it adequate compensation made sense.

“It is only fair that wages and pensions match the level of commitment society expects from the judiciary.”

Dr Balzan also urged politicians to seek the widest consensus possible for the reform and hold back from politicising it.

The judiciary, politicians and lawyers will all be in court to hear the message today. The question is, will they be listening?

Chamber to launch Malta Law Academy

In its efforts to promote lifelong learning among practising lawyers, the Chamber of Advocates will next week unveil the Malta Law Academy.

The academy will be a legal studies foundation to provide educational services for lawyers.

Chamber president Reuben Balzan said the academy will help lawyers remain abreast of legislation, especially in specialised fields that are continually evolving, such as financial services and online gaming.

The initiative follows the creation of a junior chamber of advocates set up recently to rope in LLD students.

ksansone@timesofmalta.com