Two categories of judges and magistrates in Malta!

Our Law Courts are meant to be running smoothly on ruby-bedecked wheels, but readers know that that is not the case. However, do you know the reason why? The truth is we have created two systems for magistrates and judges. We have judges and magistrates appointed prior to the famous Venice Commission’s reforms, and we have judges and magistrates appointed after the Venice Commission’s reforms. The latter have different conditions!

To better understand the situation, if a judge or magistrate was appointed before the Venice Commission’s reforms, i.e. according to the system whereby they were chosen by the Government, these could be partners and participate in negotiations. If a judge or magistrate was appointed after the Venice Commission’s reforms, the judge or magistrate could not participate in negotiations. Therefore, he/she must resign!

I have no wish to debate whether this is good or bad, though I must add that, going back decades, judges and magistrates could not be partners in any business. They did not attend social events save attending family weddings. Whenever they went for a coffee, they went to their club, the Casino Maltese, and when they opted to go to a public coffee shop, they made sure they had a deputy registrar with them so that tongues would not wag that something untoward was afoot.

As time passed, these customs gradually fell by the wayside. This situation worsened after 1987. The Venice Commission tried once again to draw in the reins. Here, I digress to pre-empt anyone having the bright idea that I oppose the Commission because I don’t. Nevertheless, the fact remains that the Venice Commission created two categories of judges and magistrates. Malta deserves a judicial system that reflects a system of equality. Yet, not even in their work conditions do magistrates and judges have equality today. Indeed, this does not augur well for the courts. Strangely enough, our Chief Justice remains silent on this obnoxious anomaly.

An insider has told me that no matter what qualifications a judge or a magistrate has, the one that is crucial and indispensable is the fear of God. Should this not be inherent in them, there can be no justice in our courts.