The Star (Used by permission)
Perhaps, after so many years of lagging behind in terms of having a world class judiciary, we are finally making some progress.
Every positive step that we are taking should be celebrated.
Having said that, we must remember that we still have a long road ahead.
To begin with, there must be some serious cracks in the judicial appointment and promotion system that allowed two “grossly inefficient” High Court Judges to hold such high office.
While the Judicial Appointments Commission boasts of having eminent current and former judicial personalities, what is missing from its composition is representation from the legal profession and civil society.
Compare our judicial appointment process with that of the US. President Barack Obama nominated Sonia Sotomayor to replace Justice Souter on the US Supreme Court.
However, before Justice Soto mayor could ascend to the Bench, she was subjected to intense and rigorous questioning before the Senate Judiciary Committee.
She was grilled on issues ranging from her poorly chosen words in public speeches to her judicial temperament on the Bench before being confirmed as a Supreme Court Justice.
The function of a senate confirmation hearing is to ensure that the future Supreme Court Justice possesses the highest qualifications and irreproachable integrity and is thus suitable for the eminent office that he or she holds.
If we truly aspire to have a world class judiciary with world class judges, perhaps the appointment of our High Court Judges, Court of Appeal Judges and Federal Court Judges should include a hearing before the Judicial Appointment Commission.
Nominees for the various positions should be tested on their mastery of the law, personal integrity and professional accomplishments and contribution to the legal profession.
They must be able to stand up to the most robust scrutiny. And, the hearings should be aired live so that we can see for ourselves the quality of the nominees.
The hearings should also involve representatives from the legal profession and civil society who can pose questions to the nominees.
This will ensure that all the stakeholders of our judiciary are involved in the appointment process. Judges are the pillars of our judicial system and the people of Malaysia deserve only the most qualified to sit on the Bench.
To have a world class judiciary, our judges must be held against the maximum standard. Surely, if judges are going to sit in judgment of others for their entire professional tenure, the people have the right to judge whether they are qualified to sit on the bench in the first place.
WONG FOOK MENG, Malacca.
CHIEF Justice Tan Sri Zaki Azmi seems to be initiating bold reforms and is raising the bar for our judiciary.
According to newspaper reports, he had even asked two High Court Judges to leave for being grossly inefficient. He is sending a clear and unmistakable signal: he means business.
Lawyers have noted improvements in the court system since Zaki took over the helm of the judiciary.
According to newspaper reports, he had even asked two High Court Judges to leave for being grossly inefficient. He is sending a clear and unmistakable signal: he means business.
Lawyers have noted improvements in the court system since Zaki took over the helm of the judiciary.
Perhaps, after so many years of lagging behind in terms of having a world class judiciary, we are finally making some progress.
Every positive step that we are taking should be celebrated.
Having said that, we must remember that we still have a long road ahead.
To begin with, there must be some serious cracks in the judicial appointment and promotion system that allowed two “grossly inefficient” High Court Judges to hold such high office.
While the Judicial Appointments Commission boasts of having eminent current and former judicial personalities, what is missing from its composition is representation from the legal profession and civil society.
Compare our judicial appointment process with that of the US. President Barack Obama nominated Sonia Sotomayor to replace Justice Souter on the US Supreme Court.
However, before Justice Soto mayor could ascend to the Bench, she was subjected to intense and rigorous questioning before the Senate Judiciary Committee.
She was grilled on issues ranging from her poorly chosen words in public speeches to her judicial temperament on the Bench before being confirmed as a Supreme Court Justice.
The function of a senate confirmation hearing is to ensure that the future Supreme Court Justice possesses the highest qualifications and irreproachable integrity and is thus suitable for the eminent office that he or she holds.
If we truly aspire to have a world class judiciary with world class judges, perhaps the appointment of our High Court Judges, Court of Appeal Judges and Federal Court Judges should include a hearing before the Judicial Appointment Commission.
Nominees for the various positions should be tested on their mastery of the law, personal integrity and professional accomplishments and contribution to the legal profession.
They must be able to stand up to the most robust scrutiny. And, the hearings should be aired live so that we can see for ourselves the quality of the nominees.
The hearings should also involve representatives from the legal profession and civil society who can pose questions to the nominees.
This will ensure that all the stakeholders of our judiciary are involved in the appointment process. Judges are the pillars of our judicial system and the people of Malaysia deserve only the most qualified to sit on the Bench.
To have a world class judiciary, our judges must be held against the maximum standard. Surely, if judges are going to sit in judgment of others for their entire professional tenure, the people have the right to judge whether they are qualified to sit on the bench in the first place.
WONG FOOK MENG, Malacca.
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