Sunday Star
by Shaila Koshy
KUALA LUMPUR: The Chief Justice has invited senior members of the Bar to step up for “national service” and become judicial commissioners for two years to help clear the backlog in commercial cases.
Newly elected Bar Council president Ragunath Kesavan said the council was working with state Bar Committees to short list candidates.
“We are looking for about 20 experienced senior lawyers in semi-retirement because whoever takes up the offer would have to quit practice for the two years,” he said in an interview.
“If they are in a partnership, they will have to quit the partnership and if it is a sole proprietorship, that will have to close,” he said when asked what would happen to the lawyer’s practice.
“It is really national service as the Chief Justice said; it must be those who don’t want the appointment renewed or expect it to be renewed.”
Ragunath said that they should have a list of names in about a month.
The appointment of such judicial commissioners would meet the needs of specialised Commercial courts proposed by Pemudah to improve the delivery system of the existing commercial division in the courts.
Pemudah co-chairman Tan Sri Yong Poh Kon said the proposal for a specialised court was well-received by the Chief Justice.
“When we briefed the Prime Minister recently about the proposal, he was very supportive and pledged assistance and resources to facilitate the process,” he said.
Yong, who is also the immediate past president of the Federation of Malaysian Manufacturers, said that lawyers taking up this specialised appointment would be allowed to bring their own secretaries.
“The addition of more specialised judicial commissioners serving in the Commercial courts would certainly lead to faster resolution of commercial cases, in a matter or months rather than years.
“We hope that many lawyers will step up to take up these positions,” he added.
Yong said Pemudah had engaged the Chief Justice on establishing specialised Commercial courts because of its importance in improving the efficiency of enforcing contracts.
“This would also have an impact on Malaysia’s World Bank ranking in terms of enforcing contracts (Malaysia ranked 81 in 2007 out of 183 countries and 60 in 2008).”
Yong said that among the principal complaints from the private sector was the delay in resolving commercial cases, some taking several years because of postponements.
“Pemudah was informed that 80% of the postponements in the High Court last year were caused by the parties themselves.
“A new system needs to be put in place that imposes some form of penalty on the party responsible for the postponement,” said Yong.
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