At last, the Chamber of Advocates speaks out clearly – and not before time

Published: October 3, 2011 at 1:07pm

The brand-new president of the Chamber of Advocates, Reuben Balzan, has said what’s necessary and long overdue. There’s not much point in having a Chamber of Advocates if it doesn’t raise awareness about such serious issues, talk straight and lobby for reform.

Well done, Dr Balzan.

timesofmalta.com, this morning

People need to be confident in the integrity, behaviour of the judiciary – Chamber of Advocates president

The president of the Chamber of Advocates, Reuben Balzan, said today that while he backed calls for the members of the judiciary to be adequately compensated and supported in their work, the people were also right to expect accountability from them.

In a forthright speech at the ceremony to mark the opening of the Forensics year, Dr Balzan said Malta needed a system to deal effectively with the issue of accountability from the members of the judiciary.

Other organs of the state, such as the Executive, were accountable to the people, he observed. The members of the judiciary were right to expect autonomy and independence, but the people were right to expect that the members of the judiciary who they appeared before acted with dignity and integrity both professionally and in their life.

The people were also right to expect that justice was administered effectively within a reasonable time, that cases were not repeatedly put off, that judgements were not put off for years, and that sittings were held on time.

They expected that when this did not happen, discipline was administered.

Dr Balzan said that unfortunately, the Commission for the Administration of Justice lacked teeth.

If the commission felt that a member of the judiciary was not working effectively, or if his or her behaviour could impact on the people’s confidence in the law courts, it could only draw attention to this failing.

Other than that, the only other measure which could be taken was removal of that particular judge or magistrate through a resolution approved by two-thirds of the members of parliament.

Malta, Dr Balzan said, needed an effective mechanism of discipline and accountability between these two extremes. That there was nothing in between these two extremes was ridiculous.

In his address Dr Balzan referred to the recent boycott of national events by the members of the judiciary, saying that reflected the extreme situation which they felt they had reached because of poor compensation and a lack of sufficient support.

Clearly, he insisted, the compensation of the members of the judiciary should reflect their responsibilities and should equal that of the higher echelons of the civil service.

The members of the judiciary also needed to be effectively supported by judicial teams.

But, Dr Balzan said, that was only part of the picture. The people needed to have confidence in the judiciary. Justice needed to be done but also seen to be done.

The people needed to be satisfied that the members who they appeared before were persons of integrity in their life. The people also needed to be respected.

Most of the members of the judiciary were what the people expected of them, but the behaviour of even one member of the judiciary could have a bearing on the people’s respect of the judiciary as a whole.

In his speech Dr Balzan also called a common diary system or better management of cases, saying this was a major problem which needed to be solved as soon as possible.




16 Comments Comment

  1. Jo says:

    At long last, Hallelujah! Thank you Dr. Balzan.
    What we need now is action to rectify the situation.

  2. H.P. Baxxter says:

    I’ve worked with Reuben Balzan. He’s a sharp fellow, or I’m mistaken.

  3. Jozef says:

    .

    Asking to be excused to answer a call on their mobile phone whilst popping outside the courtroom doesn’t really inspire respect.

  4. JPS says:

    Dr Balzan is a breath of fresh air yet without wanting to sound negative what will really happen and materialise will not solely depend on him.

    Yet, it’s a start and a new beginning.

  5. Joe Micallef says:

    U kien hemm hemm il-biki u t-tgħażżiż tas-snien…u it-tisbit tas-saqajn.

  6. qahbu says:

    At last someone with the balls to call it the way it is. It’s about time the government stops pussyfooting around these softer issues and takes some decisive action.

    That is what will win it the next election, not hot air promises based on trying to instil good feeling.

    Dr Balzan had the strength to say what anyone who has had almost anything to to with our courts of (in)justice has been saying in private for a long time – but the judiciary is above all except God in reality.

    Let us hope that today’s speech will provoke the government into some real action at the courts.

  7. Harry Purdie says:

    Upon hearing Dr. Balzan’s comments, could a certain magistrate be somewhat pissed off?

    • 'Angus Black says:

      Did you not see her face when Dr Balzan remarked, “Most of the members of the judiciary were what the people expected of them, but the behaviour of even one member of the judiciary could have a bearing on the people’s respect of the judiciary as a whole”?

      Eyes downcast, but with a look on her face which spelled “I’ll get you at the first opportunity”.

  8. La Redoute says:

    I see that the future Minister of Justice was in the front row. I hope he took note and passed the message on to the elder of his sisters.

  9. John Schembri says:

    At last someone is saying that the emperor has no clothes.

  10. Dee says:

    Prosit Dr Balzan.

  11. Grezz says:

    Well said, Reuben Balzan. Better late than never.

  12. red nose says:

    Good speech by Dr. Balzan, but have you ever heard of water off a duck’s back?

    • 'Angus Black says:

      True, but H.E. the President, the head of the Commission for the Administration of Justice, was there and listened too.

      Maybe he took note of Dr. Balzan’s not-so-disguised reference to one particular magistrate.

      What he will do about it is what would be most interesting.

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