PM proposes Consuelo Scerri Herrera as chief justice, awaits Opposition response

The government has proposed Consuelo Scerri Herrera to be Malta's next chief justice, minister Jonathan Attard has confirmed.

"Talks have been ongoing for a while and I confirm that yes judge Consuelo Scerri Herrera is the person who has been proposed by the prime minister and myself," justice minister Attard told Times of Malta.

The justice minister said the 61-year-old judge has the credentials, knowledge and lengthy experience in the judiciary for the role.

To be appointed to the highest position in the judiciary, Scerri Herrera will also need the backing of the opposition.

Asked about the opposition's reaction to Scerri Herrera, Attard said:  "We have proposed that name both during talks and in a formal manner, now we have to see what the opposition's reaction will be".

Other names that remain in the running are Lawrence "Wenzu" Mintoff and Francesco Depasquale. It is understood that some within the PN are pushing for Edwina Grima.

They were told she could not assume the role because of a high profile upcoming trial. However, there is a precedent of a chief justice overseeing a trial: in 2008 then chief justice Vincent Degaetano presided over the trial of Antonio Schembri.

Scerri Herrera was appointed a judge in 2018 and has been a magistrate since 1998. Prior to that she was a partner in legal firm Herrera and Herrera Advocates with her brother, José, a former minister and possible Labour Party candidate in the next general election.

But on this Attard said that "like other judges and magistates, when they assume their constitutional function on the judiciary's bench they elevate themselves from every consideration, political or familial interest".

Those backing her for the top job describe her as “extremely knowledgeable" and "extremely organised”.

However, two lawyers also pointed to her “baggage”, including her brother, José, being an ex-minister and possible political candidate, and her legal spats with assassinated journalist Daphne Caruana Galizia.

Scerri Herrera was also censured by the Commission for the Administration of Justice for breaching the judiciary’s code of ethics, over her conduct in her private life around a decade ago.

Outgoing chief justice Mark Chetcuti turns 68 on February 4. 

Judiciary members including the chief justice must retire at that age, however a constitutional provision allows Chetcuti to stay on until a replacement is appointed.

Despite Chetcuti getting unanimous approval from Parliament in 2020, the outgoing chief justice did not need it, and could have been appointed via simple majority.

This time around, however, Malta’s next chief justice will need to have the backing of two-thirds of the House, under new legal provisions.

The chief justice is the head of Malta’s judiciary. Besides hearing some cases, the chief justice also decides which members of the judiciary hear which sort of cases.

“That is so important, because which judge or magistrate hears what can have a huge impact on how the court functions,” one senior lawyer told Times of Malta last December.