Judge Joseph Azzopardi is the most likely candidate to become the next Chief Justice following the retirement of Silvio Camilleri from the bench next month, The Sunday Times of Malta is informed.
Court sources told this newspaper that Dr Azzopardi, who will turn 63 next month, is the government’s most probable choice, even though he would only be in the post for two years before having to retire at 65 under the current rules.
It wouldn’t have looked good due to the ongoing criticism... Mizzi had to be dropped
A former Labour candidate and ex-president of the Chamber of Advocates, Dr Azzopardi was appointed Judge of the Superior Courts in 2003 under a Nationalist administration. He is currently the President of the Family Section at the Civil Courts.
Described as an uncontroversial character, Dr Azzopardi is considered by many in the legal profession to be a very honest and affable man, who has served the court with efficiency and rectitude.
“Judge Azzopardi is acceptable to both sides of the political divide and he is very well-respected among his colleagues,” a senior member of the legal profession explained to this newspaper.
The Sunday Times of Malta is informed that the choice was between three senior members of the judiciary. Until a few weeks ago the government was also contemplating the appointment of either Judge Antonio Mizzi or Judge Joseph Zammit McKeon.
Judge Mizzi is 64 and will retire in November. However, public comments on Facebook in which his wife, Labour MEP Marlene Mizzi, lashed out at the current Chief Justice and inadvertently exposed their discussions of court issues appear to have scuppered his already-small chances. “It was already very difficult for the government to appoint the husband of one of its own MEPs as Chief Justice,” a government source said.
“The baggage was already too heavy and it wouldn’t have looked good abroad, particularly due to the ongoing criticism of Malta in the area of the rule of law. Dr Mizzi’s candidacy had to be dropped,” the source said.
As for Judge Zammit McKeon, his political background made him a less likely candidate despite his undisputed competence: before he was made a judge he was appointed to a number of posts by Nationalist administrations.
Current rules specify that judges have to retire from the bench when they reach 65. A few years ago, the then Nationalist government proposed extending the retirement age for judges to 68, but the move was blocked by the Labour opposition.
Court sources do not exclude the possibility that the government will try to amend the rules and stall retirement once a new Chief Justice is installed.
It is not yet known what the position of the Opposition will be in such an eventuality. If raising the age to 68 is agreed, Dr Azzopardi could be Chief Justice for five years.
ivan.camilleri@timesofmalta.com