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Commission for the Administration of Justice Act (Cap. 369) Consolidated

CHAPTER 369

COMMISSION FOR THE

ADMINISTRATION OF JUSTICE ACT

To make provision conferring powers upon the Commission for the Administration of Justice and regulating the procedures of the said Commission.

(3rd June, 1994)*

ACT XI of 1994, as amended by Legal Notice 425 of 2007.

1. The short title of this Act is the Commission for the

Administration of Justice Act.

2. In this Act, unless the context otherwise requires -

"Code of Ethics" means a code or codes of conduct, made under article 101A of the Constitution to regulate the conduct of persons to which t h e code applies, wit h their col l eagu es, the courts, members of other professions and the public in general. The Codes of Ethics to be made under article 101A of the Constitution shall make specific provision against such abusive or negligent conduct as may be dee m ed necessary to be specified, and sh all further provide that it sha ll be a breach of ethics to conduct oneself abusively or negligently or in a manner repugnant to the decorum, dignity or honour of one's office or profession, or in such manner which could seriously effect the trust conferred on such persons by their office or profession;
"Commission" means the Commission for the Administration of
Justice established by article 101A of the Constitution;
"misconduct" in relation to advocates or legal procurators means any breach of a code or codes of ethics relative to the profession of advocate or legal procurator, as the case may be;
"unit" means a sum of money equivalent to one per centum of the annual salary of the Attorney General as at the time established according to law.

3. (1) The Commission shall at all times have a committee to be styled the Committee on Advocates and Legal Procurators.

(2) (a) The Committee on Advocates and Legal Procurators shall consist of:
(i) an advocate of at least ten years standing appointed by the Commission for a period of four years;
(ii) an advocate appointed by the Attorney General for a period of four years;
(iii) three advocates appointed by the Chamber of
Advocates for a period of four years, so however

Short title. Interpretation.

Committee on Advocates and Legal Procurators.

*See Government Notice No. 365 of 3rd June, 1994.

that where the committee is dealing with any matter relating to the profession of legal procurators, or relating to the conduct of a legal procurator, three legal procurators appointed by the Chamber of Legal Procurators shall sit instead of the three advocates appointed by the Chamber of Advocates.
(b) The chairman of the committee shall be elected by the members of the committee from among themselves.
(3) (a) Any member of the committee may be challenged and shall abstain in the same circumstances as a judge of the superior courts may be challenged or may abstain.
(b) Where a member has been challenged or has abstained the President acting in accordance with his own deliberate judgment shall appoint as a substitute member to sit on the committee where possible, a person who in his opinion has as far as may be the same qualities and qualifications as the member substituted.
(4) Where the members to be appointed under subarticle (2)(a)(iii) are not appointed within two weeks from a call for their ap po in tment b y the Secr et ary of th e Co mmi ssi o n , t h en th e appointment of the said members shall be made by the President, who in making such appointment shall act in accordance with his own deliberate judgment.
(5) The Committee shall have competence in all matters falling under the functions of the Commission relating to the professional conduct of advocates and legal procurators and to the exercise of the profession in general.
(6) The Committee shall make a report to the Commission of its findings in any investigation or study carried out by it.
(7) Where the Committee finds that there has been misconduct by an advocate or legal procurator in the exercise of his profession or where the Committee finds that the advocate or legal procurator suff ers from an in fi rm it y of mind that may seriously affe ct the exercise of his profession, it may -
(a) request the Commission to recommend to the Prime Minister to advise the President of Malta that the advocate or legal procurator be suspended perpetually or for a specified period from the exercise of his profession; or
(b) impose a pecuniary penalty, recoverable as a civil debt by the Secretary of the Commission, not exceeding ten units; or
(c) admonish the advocate or legal procurator; or
(d) make such recommendations to the advocate or legal procurator as it may deem appropriate in the circumstances.
(8) Where the Committee deems it appropriate, it may,
notwithstanding anything in article 8(1), make public any action taken by it under this article.
(9) The Commission shall, upon an appeal made to it, have the same powers mut a tis mutan d is as the Co mmittee has u nder subarticles (7) and (8).
4. (1) In the exercise of their functions the Commission and the Committee for Advocates and Legal Procurators shall have all the powers as are assigned to the First Hall of the Civil Court by the Code of Organization and Civil Procedure.
(2) Three members of the Committee for Advocates and Legal Procurators shall constitute a quorum in its meetings. Save as is provided in article 101A of the Constitution and in any rules made for the purpose by the Commission that Committee shall regulate its own procedures.

Powers. Cap. 12.

5. The Committee for Advocates and Legal Procurators shall, of its own motion, or at the request of the Commission, or on the complaint of any person, have the power and duty -

(a) to investigate, inquire into and decide upon any misconduct of any advocate or legal procurator in the exercise of the profession or upon the inability of any advocate or legal procurator to exercise his profession because of infirmity of mind;
(b) without prejudice to any other action possible under any other law to impose disciplinary penalties and to take such other measures as it considers appropriate and as are provided for under this Act.
(2) Any investigation or inquiry on any misconduct of an advo cate or l e gal procu r at or m a y onl y be com m en ced by th e Com mittee within three m onths from the date the Commission, Committee or complainant become aware of the misconduct, and in any case not later than five years from the date of such misconduct.

Supervisory power of Committee on Advocates and Legal Procurators.

6. (1) There shall be a right of appeal to the Commission f r om a deci si on of the Commi ttee fo r A dvo cates and Legal Procurators.

(2) (a) The person against whom a Committee makes a finding and the Chamber of Advocates where the complaint is agai nst an advocate, and the Chamber of Legal Procurators where the complaint is against a legal proc urat or, sha l l h a v e th e ri gh t o f ap pea l to th e Commission:
Provided that when an appeal is declared frivolous or vexatious by the Commission, the Commission may impose a pecuniary penalty on the appellant in a sum not exceeding ten units which penalty is recoverable as a civil debt by the Secretary of the Commission.
(b) The Commission shall from time to time establish rules of procedure for such appeals.

Right of appeal.

Amended by:

L.N. 425 of 2007.

(c) A person against whom a complaint is made shall be entitled to sue the complainant in addition to the damages which may be due under any law for the time being in force in respect of any actual loss, or injury, the court may grant to the person against whom the complaint is made a sum not exceeding four thousand and six hundred and fifty-eight euro and seventy-five cents (4,658.75), if the complaint proves unfounded and he can prove that the complaint was the result of gross negligence, or malice, or was vexatious.

Proceedings to be held in camera.

7. (1) The complainant and the person whose conduct is bein g investig at ed sh al l have th e right to be present duri ng the whole investigative process, produce witnesses in support of the complaint, or in defence, and to be assisted by an advocate or legal procurator. U n less the person bein g investigated requests otherwise, the hearing before the Committee for Advocates and Legal Procurators and the Commission shall be held in camera. The finding shall only be delivered in public where the hearing is not held in camera.
(2) Notwithstanding the provisions of subarticle (1), the Committee for Advocates and Legal Procurators shall transmit to the committee of the Chamber of Advocates a copy of any decision delivered by it on a complain t agai nst an advo cate, an d shall transmit to the committee of the Chamber of Legal Procurators a copy of any decision delivered by it on a complaint against a legal procurator. The committees of the said chambers and every member thereof shall, where the complaint is heard in camera, treat such information as secret and confidential.

Additional powers of the Commission.

Procedure to be followed under article 97 of the Constitution.

8. The Commission shall in addition to the functions conferred to it under article 101A of the Constitution or under any other law, have the functions and powers to carry out investigations on any judg e or magistrate in connection with an address as is referred to in article 97 of th e Con sti tu ti on in a ccor dan ce wi th articles 10 and 11.
9. (1) Where notice is given in the House of Representatives of a motion for presenting an address to the President as is referred to in article 97(2) of the Constitution, the Speaker shall, without allowing any publicity, keep the motion pending, and shall refer the same for investigation to the Commission.
(2) The motion shall contain definite charges against the judge or the magistrate, as the case may be, on the basis of which the investigations are to be held. Together with the motion there shall be filed a statement showing the grounds on which each of such charges is based.
(3) Such charges together with such statement shall be communicated to the judge or magistrate as the case may be, and he shal l be gi ven a reaso n ab le op po rt un it y t o pr es en t a w r i t t e n statement of defence within such time as may be specified by the Commission.
(4) The Commission shall carry out the necessary investigation
and m a ke a report th ereon t o t h e Sp eaker. If the report o f th e Commission contains a finding that there is no misbehaviour or that the judge or magistrate does not suffer from any inability, then, no further steps shall be taken in the House in relation to the report and the motion pending in the House shall not be proceeded with.
(5) If the report of the Commission contains a finding prima facie that the misbehaviour or incapacity has been proved then, the motio n referred to in article 97(2) of the Constitution sha l l, together wi th the repo rt of the Comm ission , be taken u p for consideration by the House.
(6) If upon consideration by the House, it is satisfied that the misbehaviour or incapacity has been proved and if the motion is adopted by the House in accordance with the provisions of article
97(2) of the Constitution then the misbehaviour or inability of the judge or magistrate, as the case may be, to perform the functions of
his office shall be deemed to have been proved and an a ddress praying for the removal of the judge or magistrate, as the case may be, shall be presented to the President by the House in the same
session in which the motion has been adopted.
(7) Proceedings by the Commission under this article shall be held in camera. The member of the House presenting the motion and the judge or magistrate whose conduct is being investigated sha l l ha ve a ri g h t to be p r es en t du rin g t h e wh ole p r ocess, t o produce witnesses in support of the charges set in the motion or in defence, and to be assisted by any advocate or legal procurator.

10. (1) Where it is alleged that the judge or magistrate is unable to perform the functions of his office because of infirmity of body or mind and the allegation is denied, the Commission may order the medical examination of the judge or magistrate by such medical board as may be appointed for the purpose by the President an d th e ju dg e o r m a g i st rate, as the case ma y be, shall submit himself to such medical examination within the time specified by the Commission.

(2) The medical board shall submit a report to the Commission stating therein whether there exists any infirmity of body or mind, as the case may be, and in case such infirmity exists, whether it renders the judge or magistrate unable to perform the functions of his office.
(3) If the judge or magistrate refuses to undergo any medical examination considered necessary by the medical board, the Board sh all subm it a r e por t t o t h e Co mm issio n stat ing th erein th e examination which the judge or magistrate has refused to undergo, and the Commission may, on receipt of such report, presume that the judge or magistrate suffers from such infirmity of body or mind as is alleged in the relative motion referred to in article 10(1).
(4) The provisions of the foregoing subarticles of this article shall apply mutatis mutandis where it is alleged that an advocate or a legal procurator is unable to exercise his profession because of infirmity of mind.

Medical Board.

Reports by judges and magistrates to the Commission for the Administration of Justice.

11. Every judge and magistrate presiding over any court shall, not later than the fifteenth day of January of every year, make a report to the Commission for the Administration of Justice giving a list of all cases pending before the court over which he presides and which have been so pending for a period of five years or more, indicating in the report the reasons why each case is still pending and the time within which the judge or magistrate, as the case may be, expects the case to be disposed of by the said court.