Azalina details judicial misconduct powers after lawyers' march

The government has moved to address mounting concerns over judicial independence by outlining existing constitutional safeguards provided for under the law.

The response followed the Malaysian Bar's march yesterday, demanding judicial independence.

In a statement today, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said that Articles 125(3) and (4) of the Federal Constitution empower the Yang di-Pertuan Agong to establish a special tribunal to investigate allegations of misconduct.

She said judges under investigation may be suspended from duty on the advice of the prime minister after consultation with the chief justice.

"Furthermore, Article 125(3A) provides the chief justice with powers to refer any ethical violations to the Judicial Ethics Committee established under the Judges' Ethics Committee Act 2010 (Act 703).

"Article 125(3B) allows for the establishment of a written code of ethics to set high standards of conduct and integrity for judges.

“The Judges' Code of Ethics 2009, which has been in force since July 1, 2009, also serves as an important reference for establishing clear and legally based standards of judicial conduct," Azalina explained.

She said the ethical framework exists to ensure the judiciary is free from external or political influence.

Research in the works

On the concerns raised by the Malaysian Bar, Azalina said the government takes note of the issues and reiterated its commitment to address them responsibly and transparently.

The minister pointed out that the Prime Minister's Department's Legal Affairs Division had been tasked to study and compare judicial appointment systems, a research aimed at improving the transparency in the system Malaysia uses to appoint High Court judges.

"This research is aimed at providing better clarity into the role of the Judicial Appointments Commission (JAC) and at the same time addresses some of the issues that have been raised by the Malaysian Bar.

"The government is always open to listening to all stakeholders, including the Malaysian Bar, which will also be invited to participate in this study, to ensure integrity and a more transparent judicial appointments system," Azalina said.

The Bar marched in Putrajaya yesterday in a bid to defend judicial integrity, amid deep concerns about judicial independence.

The group ended their rally after submitting a memorandum with four demands, namely filling top judicial vacancies, releasing minutes of a recent JAC meeting, forming a royal commission of inquiry to probe judicial interference, and addressing overall judicial vacancies.

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