Magistrate Consuelo Scerri Herrera is believed to be earmarked to be appointed a Judge, despite being turned down for the post by the Judicial Appointment Committee in January 2017 over her conduct in private life, sources have informed The Malta Independent.
The Judiciary is facing a significant overhaul within the next legislature with the retirement of Mr Justice David Scicluna at the end of last year, and the upcoming retirements of Judges Antonio Mizzi (in November of this year) and Noel Cuschieri (in 2019).
Someone is also needed to replace Mr Justice Joseph Azzopardi, who was appointed to Chief Justice on 10 April, following the retirement of Silvio Camilleri. He will be sworn in today. The role will once again be vacated when Azzopardi retire in just under two years time in 2020.
Magistrate Tonio Micallef Trigona had also retired last year, but it is understood that his position had been taken up by Magistrate Yana Micallef Stafrace, who was appointed to the post in April 2017.
Scerri Herrera's nomination had been submitted by Justice Minister Owen Bonnici, however, the committee found her unfit for the role, "not over matters of competence but over her conduct in private life".
The committee, which made up of the Chief Justice, the Ombudsman, the Attorney General, the Auditor General and the President of the Chamber of Advocates, held an interview with the magistrate and conducted a thorough examination of her credentials, including her private and financial matters.
While the Constitution recommends that the Prime Minister complies with the evaluation of the committee to appoint a judge, it provides the PM with the power to ignore the result, provided that:
1.The PM or the Minister for Justice publishes within five days a declaration in the government gazette announcing the decision to use said power and give reasons which led to the decision; and
2. Make a statement in the House of Representatives to explain the reasons upon which the decision was based by not later than the second sitting of the House following the PM's recommendation for the appointment to the President.
In February 2018, Scerri Herrera was elected by fellow magistrates to represent them on the Commission for the Administration of Justice, a watchdog that had rebuked the magistrate for breach of ethics.
Scerri Herrera had previously been investigated by the commission and rebuked for breaching the judiciary's code of ethics by compromising her integrity and personal dignity by attending parties and seeking public exposure.
The commission had also noted that three interviews given by the magistrate between 2003 and 2008 had portrayed her as seeking the public's favour.