“Malta needs more judges and magistrates” – in essence this was the message given by Chief Justice Vincent Degaetano on the opening day of the forensic year.

He pointed out that, in proportion to the Maltese and Gozitan population, the number of judges and magistrates is insufficient.

There is a total of 33 members of the judiciary, one for every 12,200 people, whereas in Cyprus there is one judge for every 7,500 people.

For Malta to reach the same ratio, the number of judges and magistrates would have to increase by 20 to 53, the Chief Justice said.

This situation is, of course, hampering the course of justice because judges and magistrates have to deal with a larger backlog of cases, including those left behind by members of the judiciary who have retired.

The backlog, in fact, seems to be the most worrying factor. There are cases that have dragged on for many years, sometimes ending up being passed on from one judge or magistrate to another because the one originally handling the case has retired.

The newer structures have been more successful because they had no backlog to deal with, and therefore the number of cases is lower than it is elsewhere. What will happen in a few years’ time remains to be seen.

Added to this, new cases continue to be filed in court because, according to the Chief Justice, the increase in court charges does not appear to have stopped people from seeking justice at law. For example, the number of cases filed in the First Hall of the Civil Court was higher in the first nine months of this year than it was in the same period in 2004.

Efforts have been made to reduce the number of cases that are pending. Arbitration and mediation centres have had limited success, but more help is needed to resolve the problem.

By giving the figures mentioned earlier, the Chief Justice was hinting that more judges and magistrates should be appointed to the Bench. While this would certainly help, as the amount of work would be better distributed, there will always be a problem of space.

The law courts in Valletta are already packed, and over the years the premises have become too small to accommodate the amount of work that there is. The appointment of more judges and magistrates would be most welcome, but is there enough physical space to house them? If there is not enough space in the present building, would the appointment of more members of the judiciary suggest the need for another second law courts building?

The Chief Justice proposed that all cases should be made by appointment, rather than most being scheduled at 9am. This proposal has been made several times in the past, but the practice of fixing most of the appointments at 9am still goes on. This obviously generates criticism from the parties concerned because most turn up at the appointed time and then have to wait one or two hours before their case is heard.

Chief Justice Degaetano also dwelt on the fees paid to court experts for the reports they draw up, saying that it was unacceptable that Lm270,000 was spent last year in this regard. Court experts should be given specific outlines of their duties so they do not carry out unnecessary work. There are also occasions when court experts are appointed when they are not needed, the Chief Justice pointed out.

Again, this is a matter that must be addressed.

The law courts must become more efficient if justice is to be carried out in the shortest time possible. The government needs to study the suggestions made by the Chief Justice and see what can be done in order for the courts to function better.