In the effort to solve the perennial problem of delays in the meting out of justice, increasing the complement of judges and magistrates – as the government has decided – would help. But it is only part of the solution.
To take the bull by the horns, the matter must first stop being considered a political football and, secondly, a holistic approach has to be adopted, roping in all stakeholders and employing all the resources required.
The government has just issued a public call for the appointment of four new judges. In view of the likelihood that serving magistrates will apply, it also announced that, once the four new judges are recruited, a similar call will be made for an additional four magistrates.
When that happens, Malta will have 24 judges, as well as the chief justice, and 25 magistrates, the highest complement ever, as the government has pointed out.
Such a decision can only be welcomed as, indeed, the Association of Maltese Judges and Magistrates has done. However, the association also rightly pointed out that a far bigger complement is required together with well-trained personnel and adequate tools so that the situation in the courts will improve “in a visible manner”. The stress is both on quantity and quality.
Though not the official voice of the judiciary – the chief justice usually has that role – the association represents many individual judges and magistrates, so its advice and concerns cannot go unheeded. In any case, what it stated last week is very similar to what the chief justice had declared in a message on the opening of the forensic year last October and others before them.
The chief justice and the association agree on the need for a holistic approach. This means involving the government, the judiciary, lawyers and legal procurators in the process. They are experienced enough to know that the ultimate aim should be for justice to be done and seen to be done in a timely manner.
A bigger complement demands more physical space and more support staff, including the crucial role of deputy registrar. This is a challenge which the government can solve by ensuring a sound investment.
But procedures and court practices would need to be updated too and then implemented in a disciplined way.
As Chief Justice Mark Chetcuti said in his message, a member of the judiciary must be dedicated to the service of the administration of justice, however, the effort must be supported by the right laws, including those providing for more expeditious and less bureaucratic procedures.
It is, therefore, imperative that the two political parties represented in parliament put their heads together if they really mean what they say about the need to solve problems experienced by the court.
However, at the end of the day, a lot will depend on the judges and magistrates themselves: how disciplined they are, how well they manage the cases before them, how resolute they are in adhering to the procedures and practices in place...
The law provides for the setting up of a board that is empowered to make certain rules on matters connected to the conduct of the courts and cases in order to ensure a proper and efficient administration of justice. Hopefully, the judiciary are making good use of this tool.
Of course, well-functioning courts depend on the quality of the judiciary. Competent judges and magistrates chosen in a ‘scientific’ manner and on the basis only of their competences are, therefore, crucial. Whether that is happening is another issue altogether.