New Judges’ Ethics Committee bill tabled. Malaysiakini

KUALA LUMPUR: The new Judges' Ethics Committee bill, tabled for first reading at the Dewan Rakyat at 10am, paves the way to set up a committee to deal with any judge who has committed a breach of any provisions of the Judges' Code of Ethics.

The bill seeks to establish the committee for matters related to conduct and disciplinary of all others other than the removal of a judge from office under Clause (3) of Article 125 of the Federal Constitution.

Chief Justice of the Federal Court is the chairman of the committee, unless he is the complainant, in which case the next senior judge shall be the chairman.

The committee, to be comprised with odd number of members, is made up of President of Court of Appeal, Chief Judge of Malaya, Chief Judge of Sabah and Sarawak, judge of Federal Court, Court of Appeal Judge or a High Court as the Chief Justice of the Federal Court deems fit to appoint.

The bill states that the appointment of the committee is on ad hoc basis and members of the committee shall comprise judges who are senior in the order of precedence to the judge who is the subject of a disciplinary proceeding.

It states that the committee is to abide by principles and procedures set out in this act and the Code of Ethics.

The proceedings of the Committee is to be held in camera.

It shall not be a trial but an enquiry as regards to the breach of any provisions of the Code of Ethics committed by a judge referred to its by the Chief Justice of the Federal Court.

The bill also states that the Evidence Act 1950 does not apply to proceedings of the committee.

If the chairman or any member of the committee has a direct or indirect interest in any disciplinary proceeding, he should disclose to the committee the fact of his interest and the nature of his interest.

For the meetings of the committee, the chairman is to decide on its date, place and time.

The chairman and not less than two members of the committee will form the quorum for every proceedings of the committee.

The chairman will maintain and keep the records and minutes of proceedings of the committee in a proper form.

For decision of the committee, the majority is deemed the committee's decision if it is not unanimous.

The decision of the committee is final and not to be challenged, appealed against, reviewed, quashed or called in question in any court on any ground.

No court is to have jurisdiction to entertain or determine any suit, application, question or proceeding on any ground regarding the validity of such decision.

The committee will also ensure that its decision in any disciplinary proceeding is communicated in writing to the judge who is the subject of the disciplinary proceedings.

Published: Monday December 15, 2008 MYT 12:32:00 PM
By Lee Yuk Peng