‘Who judges the chief judge?’

(NST) – KARPAL Singh (DAP-Bukit Gelugor) questioned who would keep an eye on the chief judge once the Judges’ Ethics Committee Bill 2008 came into force.

He said the chief judge chaired the Judges’ Ethics Committee and would hear cases brought before the committee when it was formed.

“But, what will happen if he (the chief judge) is in breach of the code of ethics? The bill does not state what recourse is available in such a situation.”

Karpal said the code was demeaning to the judges as there had never been such a code until 1994.

“They have been self-regulating. Judges are personalities of great integrity,” he said while debating the Judges’ Ethics Committee Bill 2008.

When tabling the bill, Deputy Minister in the Prime Minister’s Department Datuk V.K. Liew told the house that the code of ethics would set guidelines of proper conduct for judges to carry out their duties in a fair, efficient and expedient manner.

If the bill is passed, any complaint against a judge would be referred to the chief justice and can be heard by a Judges’ Ethics Committee if it does not warrant a referral to the tribunal.

The bill proposes that the Judges’ Ethics Committee Act 2008 be put in place to manage cases where judges are found to have broken the code of ethics.

Opposition leader Datuk Seri Anwar Ibrahim echoed Karpal’s view on the action to be taken against the chief judge if he was found to have breached the code.

“The bill is silent on this. This is unfair. The judges, like everyone else, should be allowed the option of an appeal. They should be given the right to appeal.”

However, Anwar stressed, any code of ethics would be meaningless if the judiciary did not have the freedom to carry out its duties.

He also said the code of ethics would be useless if the judges lacked integrity.

Nancy Shukri (BN-Batang Sadong) said the bill was proof of the government’s efforts to clean up the judiciary.

“There was the Judicial Appointments’ Commission that was passed last year and now, we have this bill. This shows we are serious about reforming the judiciary.”

Datuk Dr Chua Soon Bui (Independent-Tawau) said it was sad that a few “rotten” judges had raised questions about the judiciary and its integrity.

He expressed confidence that the new Judges’ Ethics Committee would help address this problem.

The debate on the bill concluded yesterday evening, but the government will wind up points raised after the budget is passed in December.