The courts have now reached “saturation point” where it comes to space and urgent investment was needed together with long-term planning for the judiciary, the administration and court employees to cater to future needs, a new judge has warned. 

Courts must have sufficient human resources for the judiciary to effectively deliver justice, Judge Mark Simiana Court said during his inaugural session.

An avid legal researcher and collector of legal books, the newly-appointed judge said court staff ought to be offered attractive work conditions that compete well with those offered by the private sector. 

The new judge gave a brief insight into his personal and academic background during his inaugural speech on Friday. 

Taking up practice in a legal office was a step that brought about a “radical change” in his outlook on the profession and although his first impression after stepping into a courtroom for the first time was that “court was no place” for him, all that changed when he took up litigation. 

The function of the courts is to make possible the “civilised resolution” of disputes among citizens and the role of the judiciary calls for great sacrifice and long hours of work. 

It is a “vocation” for those who love the law and litigation but also those who are driven by a sense of duty to ensure that justice is served. 

However, the judiciary alone cannot achieve that goal unless they are assisted by sufficient human resources and enough space where to function efficiently. 

“I would be failing if I did not mention these two points which are a headache,” said the judge. 

As a lawyer, he would constantly hear people in court saying that “no one wanted to come to work at the law courts.” 

Unfortunately, human resources are still insufficient. 

The courts are a unique place within the public service which thus call for particular attention, observed Judge Simiana, adding that it was not only important to beef up the current complement but also “not to let go of those we have.”

'Courts not constitutional institutions in an ivory tower'

It was never enough to stress the need for the judiciary to show commitment towards their code of ethics at every moment of their life, both in and out of court, said lawyer Peter Fenech, when addressing the inaugural session as Chamber of Advocates president.

That was the only way they could garner respect towards their office. 

“Lady Justice is bound to face challenges” and there will be times when court decisions do not go down well with particular sections of society, or the authorities or government. 

But while our country expects the highest standard of justice, the “judiciary should not always remain silent”.

They should send out a message when necessary, doing so in a diligent and appropriate manner by using the tools at their disposition, to rebut “any undue pressure” or “unfounded criticism.” 

The courts should clarify their position because the people have a right to be “guided by facts.”

“The courts are not constitutional institutions in some ivory tower,” remarked Fenech, adding that the chamber “greatly appreciated the judiciary’s commitment.”