The Commission for the Administration of Justice has proposed a new fit-and-proper test after a row that delayed the granting of warrants to 105 lawyers to practice law.

The commission intervened to try to solve an impasse surrounding a previous controversial test that was blocked by Justice Minister Jonathan Attard.

All new lawyers are expected to sit for the test to be deemed of good conduct and high moral standing.

Part of the test asks aspiring lawyers to divulge any serious physical or mental-health problems over a 10-year period. It also asks if they have or had a drug, alcohol or gambling addiction within the last decade.

However, Attard considered it too invasive and wrote to President George Vella, who presides over the commission, threatening legislative changes if the test remains in its present form.

Attard argued that the information being asked of candidates is “excessive and does not respect the dignity of the individuals and their privacy”. He also believes it would discourage people from entering the legal profession.

The test was put in place by the Committee for Lawyers and Legal Procurators, a sub-committee of the Commission for the Administration of Justice. The committee is headed by former chief justice Silvio Camilleri.

Excessive and does not respect the dignity of the individuals

Attard told Times of Malta that the Commission for the Administration of Justice replied to his letter with revised guidelines and a fresh questionnaire to find a compromise solution. He welcomed the new version and accepted it within 24 hours of receiving it.

“Following my calls to treat this issue with urgency, the committee reached out and requested to hold a meeting to discuss. Hopefully, this will be a positive step forward in solving the impasse as it is imperative that we take immediate action without any unnecessary delay,” Attard said.

He expressed concern about the predicament faced by the 105 legal professionals awaiting the warrant.

Attard said the ministry was also willing to engage in more comprehensive discussions on the subject once this impasse has been successfully resolved to strengthen the warranting process of legal professionals and preferably also provide the necessary mechanisms to unblock any unforeseen issues.

Despite successfully completing the Masters in Advocacy course last September, the new lawyers did not graduate in November, with graduation postponed to March. In the meantime, they sat for their warrant exam and, despite being informed by the Office of the Chief Justice that they had passed, they never got their warrant.

Lawyers who graduated last year were given their warrant without this test and the new lawyers say they are expecting the same treatment.