ACT No. XI oll9!14 A N A eT IQ makt prOl'ision canftrring powtrS upon tht: CommjMiQn IQr Iht Adminiflrlltion of Justice (lnd rtgu/ofing 'he proctdurt:J ol 'he S4id Commission BE IT ENACTED by lhe Presidenl . by and wilh the advice: and

I assent.

Uao MIF'SUD BONNIO

President

3rd Ju De. I994

ACT No. XI oll9!14

A N A eT IQ makt prOl'ision canftrring powtrS upon tht: CommjMiQn IQr

Iht Adminiflrlltion of Justice (lnd rtgu/ofing 'he proctdurt:J ol 'he

S4id Commission

BE IT ENACTED by lhe Presidenl . by and wilh the advice: and

consen t of the House of Representatives, in this present Parlia ment

assembled, and bY'he aUlhorily of the: same as follows:-

I . This Act may be cited as lhe Commission for the

Adminisl ration of Justice Act. 1994.

In Ihis ACI. unless the conlcxt otherwise rC'Iuires

"Code of Ethia~ means a rode or codes of conduct. made

under section 100A of the Conslitution 10 regulate .he conduct of

persons 10 which the code applies. wilh theiroolleagues, lheoouru.

members of other professions and the public in general . The Codes

of Ethics 10 be made under section IOIA of the Consli!ution shall

make specific provision against such abusi ve or negligent conduct

as may be dee med nece ssary to be specified, and shall funher

provide that it shall be a breach o f ethics to conduct oneself

abusi vely or negligently or in a manne r repugnan t to the de~'Orum,

dignity or honour of one's office or profession. or in such mallner

which could seriously e ffect the truSI collferred 011 such persons by

their offICe o r profession;

kCommissionk means the Commission for the Admin isUl ion

of JU$tice established by section IO IA of the Constitution

" misconduct ~ in

relation to advoca tes or legal procurators

means an y breach of a code or codes of et hics relative 10 the

profession o f advocate or legal procu ra tor, as the case may be;

" Unit" means a sum of money equivalent to one pe rcentum of

the annual salary of the Attorney Gene ra l as at th e time established

accordi ng to law.

( I) The Commission shall at all times have a committee to be

styled the Com mittee on Advocates and I.£gal Procurato~.

(2)

(a) The Committee

on

Advocates

and

Legal

Procurato~ shall consist of

riJ an advocate of at least ten years standing appoint ed

by the Commission for a period of four yea ~

(ii) an advocate appointed by the AlIomeyGene ral for

a period of four yean

(iii) th ree advocates appoin ted by the Chamber of

Advocates for a period of fOUT years, so however that whe re

the rom mittee is dealing wit h any matter relating to the

professio n of legal procurators, or rel ating to the cond uct of a

legal procurator, three legal procu rators appointed by the

C hambe r of Legal Procurators shall sit instead of the three

advocates appointed by the Chamber of Advocates.

(b) The chairman of the rommitlee shall be elected by

the me mbers of the committee from among the mse lves.

(3) (a) Any membc: r of the committ ee may be challenged

and shall abstain in the sa me circumstances as a judge of the

superior co urts may be challe nged or may abstain.

(b) Whe re a member has bee n challe nged or has

abstai ned the President acting in accordance with his own

delibe rate judgement shall appoint as a substitute membe r to ~t on

the commitl ee where possible. a person who in his opinion has as

far as may be the same qualities and qua lifications as the me mber

substit uted.

(4) Where th e mcmbers \0 be appointed under

subparagraph (iii) of pa ragra ph (a) of subsection (2) of this section arc

not appoi nt ed wi thin twO wee ks from a call for th eir appointment by th e

Secretary of th e Commission , then the appointraen t of th e said

membe rs shall be made by the President. who in ma king such

appointm en t shall act in accordance with his own delibe rat e judgemen t.

(S ) The Committee shall have competence in all matters

falling under the functions of the Commission re lating 10 the

professional conduct of advocates and legal procurators and to !be

exercise of the profession in general .

(6) The Commiuushall make a report 10 the Commission of

ilS 6ndinp in aDY investigalton or sllKiy carried out by it.

(7) Where Ihc Committee finds that the re has been

miscondud by an advocate or legal procurator in the exercise of his

profession or where the Committee finds that the advocate or legal

procuralor suffers from an infirmit)' of mind that may seriously affect

the exercise of his profession, it may: -

(8) request the Commission to reco mmen d 10 th e Prime

Minister to advise the President of Malta that the advocate or legal

procurator be 5uspended perpetually or for a specified period from

the exe rcise of his profession; or

(b) impose a pecuniary penalty, recoverable asacivi l debt by

the Secretary of tbe Commission, nO! exceeding Icn Units; or

(c) admonish the advOCllIC: or legal procura tor ; or

(d) make such recommendat ions to the advocate or legal

procu rator as it may decm appropriatc in the circumstances.

(8) Where the Comm iu ee deems it appropriatc. it may,

notwi thstanding anything in subsection (I )ofscction 8, make publ ic any

action taken by it unde r this section .

(9) The Commission shall , upon an appeal made to it . have

the same powers mu/a/is mld /mdis as the Commillec has under

subsections (7) and (8) of this senion.

( I) In the exercise of their functionS lhe Commission and the

Committee for Advocates and Legal Procurators shall have all the

powcrs as arc assigned to the Fi rst Hall of the Civil Court by the Code of

Organization and Civil Procedure.

(2) Three members of the Commi tt ee for Advocates and

Legal Procurators shall constitute a qlWrum in ilS mcctings. Savc as is

provided in section IOIA of the Constituti on and in any ru les made for

the purpose by the Commission that Committee sha ll regul atc iu own

procedures.

Thc Committee for Advoca tes and Legal ProcuralOrs shall. of

iu own moti on , or at th e request of th e Commission. or on the

complaint of any person. have the power and duty

(a) 10 investigate . inq uire int o 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

procura tor 10 exercise hi3; profession because of infinnlly of mind;

(b) withOut prejudice to any other act ion possible under any

other law to impose disciplinary penalties and 10 take such ot her

measures as il conside rs appropriate and as are provided for under

this Act,

(2)

Any investigation or inquiry on auy misconduct of an

advocaleor Jcgal procurator may only be commenced by the Commitlee

within three months from the date the Commission, Committee or

complainant become aware orlhe misconduct, and in any case DOllalcr

Ihan five years from the dale of such mi sconduct.

(1) There shall be a right of appeal to th e Commission from a

decision of th e Committee for Advocates and Legal Procurators.

(2) (11) The person against whom a Committee makes a

finding and the Chamber of Advocates where tbe complaint is

against an advocate, and the Chamber of Legal Procurators where

the oomplainl is against a Legal Procurator , shall have the righ t of

appeal to the Commission

Provided that when an appeal is dedared frivolous or

vexatious by the Commission, the Commission may impose a

pecuniary penalty on the appellant in a ~u m not e_ceedi ng ten

U nits, which pcnally is recoverable a5 a civil debt by the Secretary

of the Commission.

(b) The Commission shall from time to time establish

rul~ of procedure for such appeals.

(c) A person against whom a complaint is made shall be

entitled to sue the complainant in addit io n to the damages which

may be due under any law for th e time bei ng in force in respect of

any actu al loss, or injury , the Court may grant to the pe rson against

whom th e complaint is made a sum not exceeding two tho usa nd

Maltese liri. if the complaint proves unfounded and he can prove

th at the complaint was the result of gross negligence, or malice , or

was vexatious.

( I) The complainant and the person whose conduct is being Ph' ti . . .

investiga ted shall have the right to be present during the whole to ...... 1d

investigative process, produce \\ilnesses in support of the complaint , or ~

in defence. and 10 be assisted by an advocaleor legal procuralor. Unless

the person being investigated requests otherwise, the hearing before th e

Committee for Advocates and Legal Procurators and the Commission

shall be held in camera. The finding shall only be delive red in public

where the h ea rin~ is not held in camera.

(2) Notwithstanding th e provisions of subsectio n (I) of this

section. the Committee for Advocates and Legal Procurators shall

transm it to the com milt ee of the Chambe r of Advoca tes a copy of any

decision delive red by it on a complaint against an advocate. and shall

transmilto the com miltee of the Chambe r of Legal Procurators a copy

of any deci sion delivered by it on a complaint against a legal procurator.

The committees of the said (:hambers and every member thereof shall,

where thc complain t is heard in ClImcrll, treat such information as secret

and confiden tial.

Thc Commission shall in addition 10 tbe rum:tionsconfencd by

it under section JO IA of tbe Constitution or under any other law. havc c,.

thc functions and powcn to carry o ut investigations on any judge o r

magistratc in connection with an add ress as is rcfened to in section rn of

th e Constitutio n in accordance with sections 10 and 11 of this Act .

( I) Where notice is given in the Hou.se of Re~rese nt alives?f

a mOlion for presentill g an address to th e President as IS referred to In

subsection (2) of section rn of the Constituti on. the Speaker shall ,

wi thout allowing any publici ty. kee p th e motio n pending. a nd sball refe r

the same for in vestigation 10 the Commission .

(2) The motion shall ronlain defi nite charg,cs agai,:,sl the

judge or the magistrat e, as the case may bc , on the basis of wh Ich the

investigations are 10 be held . Toge ther with the motion there shall be

filed a statement showing the grounds on which each of such charges is

based.

(3) Such charges toget her with such Slllleme nt shall be

comm un icated 10 the judge or magistra te as the case may be, and he

shall be give n a reaso nab le o pportu nity to present a written statement of

defence: with in such tim e as may be specified by the Commi ss io n.

(4) The: Commission shall carry out the necemry

investigation and mak e a reportt he reon to the speaker. If the report of

the Commission con tains a finding Ihalt he re is no mis behaviour or tha t

the judge or magistrate does nOI suffer from an y inabi lity. th e n. no

further steps shall be taken in the Ho use in relation to the report a nd the

mOli on pending in th e Ho use shall nOI be proceeded with.

(S)

If the repo rt of the Commission contains a findin gprUna

facie that the misbehavi o ur o r inca pacity has been pro ved the n, the

mo tio n refcrred to in subsectio n (2) of section 97 of the Co nstitution

shall , together with the report o f the Commission, be take n up for

consideration by th e House.

(6) If upon conside ration by the House:. it is u tisi fied Ihat

the misbehaviour o r incapacity has been proved a nd if the mOlion is

adopted by the House in accordance: with the provisions of subsection

(2) of sectio n 97 ofthe Constitut ion then the mi sbehaviou r o r ina bility o f

the judge o r magist rate. as the case may be. to perform the funclions o f

his office: sha11 be deemed to ha ve bee n proved and a n address praying

for the removal of the judge o r magistra le as the case may be, sha ll be

prese nt ed 10 the President by the tl o use in the same session in which Ihe

motio n has been adopted.

(7) Proceedings by the Commissio n unde r th is section shall

be held in camera . The me mber of the H ouse presenting the motio n and

the judge o r magistrate whose: conduct is being investi gated shall have a

right to be prc:sc nt d uring the whole: process, to produce witnesses in

support of the charges se t in the motion o r in defence:. and to be assis ted

by any advocate o r le:gal procurato r.

Ht. ( 1) Whe re it is alleged Ihat the judge or magistrat e is unab le

to perform the functio ns of hi s office: hc:cause of infirmi ty of body or

mind and the allega lion is denied , the Commission may order the

med ical e xamin at ion of the judge or magistrate by such medical boa rd

as may be appointed fo r th e purpose by the Preside nt and the judge o r

magistrate, as the case may be, shall submit himself to such medical

exami nation with in th e time specified by the Co mm issio n.

(2) The medical board shall submit a report to the

Co mmissio n statin g therein wh et he r the re exists any [nfinnity of body

o r mind , as the case may be, and in case such infinnily exists, whether il

renders the judge o r magistrate unable to perfonn Ihe functions of his

office.

(3) If the judge or magistrate refuses to undergo any medical

examination conside red necessary by the medical board . the Board

shall submil a repon 10 the Commissio n stating the rein the examina tio n

whlch the judge or magistrate has refused to unde rgo, and the

Commission ma y, on receipl of such report , presu me thallhe judge o r

magistrate suffers from s uch [nfinnily of body o r mind as is alleged in the

relative motio n referred 10 in subse<:tio n (1) of section 10 of thi s A c!.

(4) The provisions of Ihe foregoing subsections of this

section shall apply mUlatis mutandis whe re it is all eged th at an advoc.ate

o r a legal procurator is un able 10 exercise his profession because of

infi nnity of mind.

11 . Every judge and magistrate presiding over anycoun shall nOI

later than Ihe fifteen th day of January of eve ry year. make a report 10

the Commission for the Administration ofJustice giving a lisl of all cases

pending bc:fo re the court over which he presides a nd which have bee n so

pending for a period of fi ve years or mo re. indicating in the report the

reasons why each case is till pendin g a nd the time within which the judge

o r magistrate, as the case ma y be, expects the case 10 be disposed of by

the said court .

( 1) Meta jkun allegal li imhallef jt W magi stral ma jkun)!;

jiSla' jaqdi d-dmirijicl licghu minl'labba xi inkapaatll fitika jcw tal-

ffiOI'lP1 , u din l-aUegazzjoni tigi konlcstata, il-Kummissjoni tista' ,ordna li

j5ir etami mediku ta' I-iml'lallef jt W magistral minD bord mediku li

jinl'lalar ghal dan il-ghan mill-President , u I-imhallef jew magistral,

skond iI-bt, ghandu jaltendi ghal dak l-dami mediku spctifikat mill·

Kummissjoni.

(2) !I-bold mediku gf'landu jippretenl3 rappon lill-

Kummissjoni fej n jiddikjara jekk l-inkapaCit! fiZika jew laI-mohh

!etism, u jckk teZisti hijiex waMI tali Ii lirrendi liII-imhalld jew

magistral inkapati lijwe ttaq il. (unzjonijicl tal-kariga tiegbu.

(3) Jekk l-iml'laUef jtW magistral jirrifjuta li joqghod ghal xi

d ami mediku li I-bord mediku jqis mehlieg, il-bord ghandu jaghme l

rapport lilI-Kummissjoni fejn ise mmi li I-imhallef jew magistral ikun

irrifjula Ii joqghod ghal dak I-e:tami, u I-Kummissjoni tista' _ mela lirl:ievi

dak ir-rapport , tippre:tumi li I-imhallef jew magistral ikoUu dik 1-

inkapal!ila fitika Jew tal-mohh li tkun qeghda lip allegata fiI-moujoni

mse mmija fis-subartikolu (I ) la' I-artikolu 10 ta' dan I-AIL

(4) Id-dispo:tizzjonij iel l3S-Subartikoli la' qabd ta' dan 1-

art ikol u ghandhom japplik aw mutatis mulllndis meta jigi allegal li

avuk al Jew prokuralur legali ma jkunll jista ' jei:erl!ita I-professjoni

liegh u minhabba ink apatila lal-mohh.

Kull imhallef u magistrollijippresjedi fuq xi qo rti ghandu sal·

11 .

hmistax la' Jannar ta ' kull sena ,jaghm el rapport liIJ-Kummissjoni ghall-

Amministraajoni t al -Gu~izzja li fih jaghti lista lal-kawti kollha

pendenti quddiem il-qorti li fuqha jippresjedi u liema ikunu ilhom hekk

pendent i ghal hames snin Jew aktar , u jindik a fdak iT-rapport ir-raguni

I-gha la kull kaf ikun ghadu hekk pendenti u z·tmien li fih I-i mh alld Jew

il·magiSlra l, sko nd il-kaf, jisten nal i I-istess qorti liun iddisponiel mill·

ku.

II-Kodici ta' Organi:u.aujoni u Procedura Civili ghandu jigi

emendat kif gej

(a) fis·subartik olu (2) la' I-artikolu S4 tieghu, minflok il-

kli em Mtal_Kummissjoni t-1idma fiI ·Orati ~ ghandhom jidhlu I· kliem

" Ial-Kummissjoni ghalJ-Amministrattjoni tal-Gustizzia M;

(b) rninflok it·Titolu X la·I· Ewwel Klieb tal· Kodil!i, gh andu

jidl\ol dan li tcj

"Tilolu X

Im~blllllqali minn Avukati u Prokuraturl ~l

(I)

Ikun 3bbut fit-Iwc: uicq lai-pro fc:ssjoni ticgbu -

97. ........ ltpli.

(a) li 3vuk al Jew prokuratur legal! xjentcment, diretlame nt

Jew indiu: u amcnl.j impjega jew jacecllas-se rvizzi ta' xi se nsa!;je .....

( 0) 1i avuka\ j iftit hem ma' prokuralUT legali Jew nUlaT

pub bliku Jew 1i pro ku ralUT le ga li jiftie hem ma' xi avukal Jew nutar

pubbliku . li jagflti Jew jirdevi xi sehcm mi d-drilliiie! Jew xi

rimunerazzjoni ohra maqlugl'la minn xi wi ehcd minnhorn dwar

)[081'101 professjo nali .

(2) F'dan I-an ikol u, l-espressjoni "scnsa!"' (fisser kull

persun a li bi !'I las ta' xi drin . rigal jew ri munerazzjo ni . se w bil-fl us iew bi

hwejjeg o hra Jew b')(i lpallija ohTa. tindahal bicJ[ issib klijenli gl'Ial xi

a vukat Je w prokuralur legal i." .

Mghoddi mill-Kamra ta d.De pUl3 ti fis-Sedura Nru. 266 tat-IS ta' Mejju , 1994.

L A W ReN CE G ONZI

Speaker

RI C HAR O J. CAUCH l

Skrival1 /a/· Kamr a /ad-Df'pu /a li.

The Codc of Orga nization and C ivil Proced ure shall be

amended as follo ws

(a) in subsection (2) of section 84 thereof. for the words "of

the Work ings of the Law Couns Commission" there shall be

substituted the wo rds "of the Commission for the Adm inistration

of Justice:";

(b) fo r Title X of Book Fi rst thereof, there shall be

substituted th e follo wing

"Title X

lI1t'gal practices hy Advocates and Legal Procurators

It shall be a n abuse in the exercise of his profess ion

97. ( I)

(a) fo r an y advocate or legal procura to r to knowingly,

di rectly or indirectly em ploy or accept the se rvices of any tout; or

(b) for any advocate to agree wit h a legal procu rato r o r a

nOlary pu blic. or fo r a legal procurator to agree wit h any advocate

or nOlary pu blic. 10 gi ve o r to receive a ny sha re of th e fees o r o the r

re mune rati o n earned by a ny of th em in respect of professional

work .

A

2\0

(2) In this section, the expressio n " toul" means an)' person

who undenakes in return for a fee , rewa rd or remuneration , whether in

cash or in kind or for an)' other consideration , to find clients for an)'

advocate or legal procu rator.".

Passed b)' th e House of Representat ives at Sitting No. 266 of the 18th May, 1994.

LAWRENCE GONZl

Speaker

R 1C U ARD J. CA UO tJ

Clerk l a Ih~ House 0/ Rep'es~nI(J/i"~s.

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