Monday, December 15, 2008

Judges' ethics committee to be set up

The Judges' Ethics Committee Bill was tabled for first reading by Minister in the Prime Minister's Department Datuk Seri Mohamed Nazri Abdul Aziz yesterday, meant to establish a committee to deal with any judge who has breached the judges' Code of Ethics 2008.
It was provided that the Chief Justice of the Federal Court was of the opinion that such breach did not warrant the judge being reffered to a tribunal appointed under Clause (4) of the Federal Constitution.
According to the explanatory statement of the bill, the committee was envisaged by Clause(3A) of Article 125 of the Constitution.
The bill seeks to deal with matters relating to the conduct and discipline of all judges other than the removal of a judge from office.
It also deals with the membership of the committee and the appointment of substitude members.
It imposes a duty on the committee to abide by the principles and procedures set out in the proposed bill and the code of the ethics and requires the proceedings of the committee to be conducted in camera.
The bill requires a member of the committe to disclose his interest in any disciplinary proceedings conducted and in such a case, the members is prohibited from taking part in the deliberation or decision-making process.
It also provides that where a unanimous decision could not be achieved, the decision of the majority will be followed and the decision of the committee shall be final and conclusive and not to be challenged in any court.

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