  COMMISSION FOR THE ADMINISTRATION OF JUSTICE  ġ CAP. 369.        1
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) *
Enacted by ACT XI of 1994.
Short title.
Administration of Justice Act.
Interpretation.
"Code of Ethics" means a code or codes of conduct, made under
section 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 section 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 section 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.
Committee on 
Advocates and 
Legal Procurators.
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
* See  Government Notice No. 365 of 3rd June, 1994.
  2      CAP. 369. ħ       COMMISSION FOR THE ADMINISTRATION OF JUSTICE 
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 sub paragraph
( iii )  of paragraph  ( a )  of subsection  ( 2 )  of this section 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, 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
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 ) 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.
  COMMISSION FOR THE ADMINISTRATION OF JUSTICE  ġ CAP. 369.        3
( 8 ) Where the Committee deems it appropriate, it may,
notwithstanding anything in subsection  ( 1 )  of section 8, make
public any action taken by it under this section.
( 9 ) The Commission shall, upon an appeal made to it, have the
same powers  mutatis   mutandis  as the Committee has under
subsections  ( 7 )  and  ( 8 )  of this section.
Powers.
Cap. 12.
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 section 101A of the Constitution and in any rules made
for the purpose by the Commission that Committee shall regulate
its own procedures.
Supervisory power 
of Committee on 
Advocates and 
Legal Procurators.
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
advocate or legal procurator may only be commenced by the
Committee within three months 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.
Right of appeal.
from a decision of the Committee for Advocates and Legal
Procurators.
( 2 ) ( a ) The person against whom a Committee makes a finding
and the Chamber of Advocates where the complaint is
against an advocate, 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.
  4      CAP. 369. ħ       COMMISSION FOR THE ADMINISTRATION OF JUSTICE 
( 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 two thousand
liri, 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
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 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 subsection  ( 1 )  of this
section, 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,
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.
Additional powers 
of the 
Commission.
8. The Commission shall in addition to the functions
conferred to it under section 101A of the Constitution or under any
other law, have the functions and powers to carry out investigations
on any judge or magistrate in connection with an address as is
referred to in section 97 of the Constitution in accordance with
sections 10 and 11 of this Act.
Procedure to be 
followed under 
section 97 of the 
Constitution.
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 subsection  ( 2 )  of section 97 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
shall be given a reasonable opportunity to present a written
statement of defence within such time as may be specified by the
Commission.
( 4 ) The Commission shall carry out the necessary investigation
and make a report thereon to the Speaker. If the report of the
  COMMISSION FOR THE ADMINISTRATION OF JUSTICE  ġ CAP. 369.        5
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
motion referred to in subsection  ( 2 )  of section 97 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
subsection  ( 2 )  of section 97 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 address 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 section shall be
held  in camera . The member of the House presenting the motion
and the judge or magistrate 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.
Medical Board.
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 relative motion referred to in subsection  ( 1 )  of
section 10 of this Act.
( 4 ) The provisions of the foregoing subsections of this section
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.
  6      CAP. 369. ħ       COMMISSION FOR THE ADMINISTRATION OF JUSTICE 
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.
