Letters | Wednesday, 11 March 2009

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I refer to the article written by Dr Anna Mallia (Warrants come out like cheesecakes) which appeared in the issue of Wednesday, 4 March 2009 of your paper. In that article, Dr Mallia states that lawyers “are recommended by the Chief Justice” for the purpose of obtaining their warrant from the president of Malta. This is not correct.
The Office of the Chief Justice is only responsible for organising, in consultation with the Chamber of Advocates, the examination referred to in Article 81(f) of the Code of Organisation and Civil Procedure (and the examination referred to in Article 87(e) of the same Code with regard to Legal Procurators). It is the two judges referred to in the said paragraph (f) who certify, under their seal and signature, that they have found the candidate “to possess the qualifications [mentioned in paragraphs (a) to (e) of Article 81] and that he is competent to exercise the profession of advocate in the courts of Malta.”
For a number of years now the Chief Justice has not formed part of any examining panel. Although the certification by the two judges is addressed to the President of Malta, it is sent to the Minister responsible for Justice since, constitutionally, it is the Minister who can advise the President on the exercise of his powers and functions.

Dr Marse-Ann Farrugia
Legal Secretary,
Office of the Chief Justice

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