COMMISSION FOR THE ADMINISTRATION OF JUSTICE ACT

COMMISSION FOR THE ADMINISTRATION OF JUSTICE [ CAP. 369.

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 and Act

XLV of 2020 and XIX of 2021.

The short title of this Act is the Commission for the

Administration of Justice Act.

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 the code applies, with their colleagues, 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 deemed necessary to be specified, and shall further

provide that it shall 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;

"law firm" shall have the same meaning as assigned to it in the Code

of Organization and Civil Procedure, the Code of Ethics and Conduct

for Advocates and may also include an association or partnership

consisting of or employing practicing advocates;

"misconduct in relation to advocates or legal procurators" means

(a) any breach of a code or codes of ethics relative to the

profession of advocate or legal procurator, as the case

may be;

(b) a serious failure to comply with the anti-money

laundering and counter funding of terrorism

obligations under the Prevention of Money Laundering

Act or the Prevention of Money Laundering and

Funding of Terrorism Regulations, reported to the

Committee for Advocates and Legal Procurators by the

Financial Intelligence Analysis Unit;

(c) being found guilty by a court of law of a crime affecting

public trust or of theft or of fraud or of knowingly

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

COMMISSION FOR THE ADMINISTRATION OF JUSTICE

receiving property obtained by theft or fraud or of any

crime punishable by a term of imprisonment exceeding

one (1) year with the exception of involuntary offences;

"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.

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

be styled the Committee for Advocates and Legal Procurators.

(2) The Committee for Advocates and Legal Procurators shall

(a) a Chairperson who shall be appointed from amongst

retired judges by the Commission for a period of four

(4) years;

(b) an advocate appointed by the Attorney General for a

period of four (4) years;

(c) an advocate appointed by the State Advocate for a

period of four (4) years;

(d) a senior public official of the Ministry responsible for

justice who shall be appointed by the Minister

responsible for justice; and

(e) three (3) advocates appointed by the Chamber of

Advocates for a period of four (4) years, so however 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 (3) legal procurators

appointed by the Chamber of Legal Procurators shall sit

instead of the three (3) advocates appointed by the

Chamber of Advocates..

(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 sub-article (2)(v)

are not appointed within two weeks from a call for their appointment

by the Secretary of the Commission, then the appointment of the said

members shall be made by the President of Malta, who in making such

appointment shall act in accordance with his own deliberate judgment.

(5)

(a)

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; and

COMMISSION FOR THE ADMINISTRATION OF JUSTICE [ CAP. 369.

(b) The Committee shall be responsible to fulfil the functions

assigned to it under Title V of Book First of the Code of

Organization and Civil Procedure.

(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 by a law firm in the provision of its services, or finds that an

advocate or legal procurator is no longer a fit and proper person or

where the Committee finds that the advocate or legal procurator

suffers from an infirmity of mind that may seriously affect 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) recommend to the Commission that the registration of a

law firm be suspended perpetually or for a specified

period of time; or

(c) impose a pecuniary penalty, recoverable as a civil debt

by the Secretary of the Commission, not exceeding ten

units; or

(d) admonish the advocate or legal procurator; or

(e) 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 mutatis mutandis as the Committee has under

subarticles (7) and (8).

(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) Four (4) members, including the Chairperson, 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.

(1)

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

COMMISSION FOR THE ADMINISTRATION OF JUSTICE

(a) to investigate, enquire into and decide upon any

misconduct of any advocate or legal procurator in the

exercise of the profession or of any law firm in the

provision of its services upon any complaint that an

advocate or legal procurator may no longer be a fit and

proper person or upon the inability of any advocate or

legal procurator to exercise his profession because of

infirmity of mind or that the law firm is not complying

with the provisions of the Code of Organization and

Civil Procedure and the Code of Ethics;

(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 as is referred to under

paragraph (a) of sub-article (1) may only be commenced by the

Committee within six (6) months from the date in which the

Commission, the Committee or the complainant, as the case may be,

becomes aware of such misconduct

Provided that in any case any investigation or inquiry as is

referred to under paragraph (a) of sub-article (1) may only be

commenced not later than five (5) years from the date of such

misconduct.

(1) There shall be a right of appeal to the Commission

from a decision of the Committee for Advocates and Legal

Procurators.

(2)

(a) The person or law firm against whom the Committee

makes a finding and the Chamber of Advocates where the

complaint is against an advocate or law firm, and the

Chamber of Legal Procurators where the complaint is

against a legal procurator, shall have the right of appeal to

the 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.

(c) A person or law firm 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 or law firm 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.

COMMISSION FOR THE ADMINISTRATION OF JUSTICE [ CAP. 369.

(1) The complainant and the person or law firm whose

conduct is being investigated shall have the right to be present during

the whole investigative process, produce witnesses in support of the

complaint, or in defence, and to be assisted by an advocate or legal

procurator. Unless the person or law firm being 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 complaint against an advocate or law firm, and

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.

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 judge or magistrate according to article 101B of the

Constitution in accordance with articles 10 and 11.

(1)

When the Committee for Judges and Magistrates

reports its findings to the Commission in accordance with article

101B(10)(c) of the Constitution, the Commission shall communicate

the report of the Committee for Judges and Magistrates to the judge or

magistrate, as the case may be, and shall be given a reasonable

opportunity to submit a written statement within such time as may be

specified by the Commission.

(2)

The Commission shall carry out the necessary investigation

and report to the President. If the report of the Commission states that

there is no misconduct or that the judge or magistrate has no

incapacity, no further action shall be taken in respect of that report.

(3)

If the report of the Commission has found that the

misconduct has been proven, the Commission shall make a report of

its decision to the President advising the removal of the judge or

magistrate as the case may be. A copy of this decision shall be given to

the judge or magistrate, as the case may be.

(4)

The proceedings of the Commission under this article shall

be kept in camera. The judge or magistrate whose conduct is being

investigated shall have the right to be present throughout the trial, to

produce evidence in support of the allegations mentioned in the report

of the Committee for Judges and Magistrates or defence, and to be

assisted by a lawyer or legal procurator.

(5) The decision of the Commission may be appealed by the judge

COMMISSION FOR THE ADMINISTRATION OF JUSTICE

or magistrate, as the case may be, in accordance with article 101C of

the Constitution.

(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

and the judge or magistrate, as the case may 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

shall submit a report to the Commission stating therein the

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 report of the Committee for Judges and Magistrates

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.

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.

(1)

Where notice is given in the House of a motion for

presenting an address to the President as is referred to in article 91(5)

and article 91A(5) 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 holder

of the office 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 holder of the office and the holder of the office

shall be given a reasonable opportunity to present a written statement

of defence within such time as may be specified by the Commission.

COMMISSION FOR THE ADMINISTRATION OF JUSTICE [ CAP. 369.

(4)

The Commission shall carry out the necessary investigation

and make a report thereon to the Speaker. If the report of the

Commission contains a finding that there is no misbehaviour or that

the holder of the office 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

motion referred to in article 97(2) of the Constitution shall, together

with the report of the Commission, be taken up 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

91(5) or 91A(5) of the Constitution then the misbehaviour or inability

of the holder of the office to perform the functions of office shall be

deemed to have been proved and an address praying for the removal of

the holder of the office 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 holder of the office whose conduct is being investigated shall have

a right to be present during the whole process, to produce witnesses in

support of the charges set in the motion or in defence, and to be

assisted by any advocate or legal procurator.

(8) The provisions of article 10 shall apply mutatis mutandis

where it is alleged that the holder of the office is unable to perform the

functions of office on the grounds of infirmity of body or mind.