A number of judges and magistrates are acting in breach of a Covid-19 directive issued by the Chief Justice, the Chamber of Advocates has claimed.

It also said expressed concern at the fact that the law courts remain open despite the Covid-19 situation, and issued a directive instructing lawyers not to physically attend any sittings as of 14 March.

Earlier this month, Chief Justice Mark Chetcuti instructed all judges and magistrates to defer any non-urgent court cases until after April 11, amid soaring Covid-19 cases.

But the Chamber said that, “notwithstanding such a directive, there were a number of members of the judiciary who continued to appoint sittings normally, and in proceedings which are not deemed urgent.”

The Chamber said it expected that the members of the judiciary would understand the position of lawyers and clients and would thus adjourn all those cases which are not deemed to be urgent, or if not would at least make use of the technology which is now available in Court (even if limited) in order to hold virtual and remote sittings.

“The Chamber understands that it is in the discretion of every member of the judiciary to evaluate the urgency or otherwise of proceedings, however in the present circumstances, there must be objectively urgent reasons for a sitting to be held, and if such reasons do exist then such sitting should be held virtually. In this manner, a balance may be reached between what is really essential and what is not. Thus, no one is placed in a useless situation which is detrimental to one’s health, in a moment in time when such risk is very high.”

It said that it could remain silent when the courts have remained open despite the recently imposed restrictions. It pointed out that the law courts had closed down last year, when the situation was less serious.

“Following yesterday’s new restrictions issued by the health authorities in order to mitigate the spread of the COVID-19 virus, it seems that the health authorities do not consider the Courts of Law to be a risk for public health, although it is a known fact that the Courts of Law are a public place where hundreds of sittings are held every day.  Although a number of measures have been taken, which were deemed as sufficient in different circumstances, in the present situation more drastic measures need to be taken. This taking into consideration that the Courts of Law are a public place where the spreading of the Virus can take place easily.”

The Chamber said it is of the opinion that in the present situation different measures need to be undertaken, in order to safeguard the health of all those involved including lawyers, members of the judiciary, court staff and the public in general. “This situation must be addressed with immediate and direct action.”

It issued a directive instructing lawyers not to attend any sitting before any Court or Tribunal as from 14 March.

If any sittings are to be held, these are to be held virtually, it said. This directive applies until further notice.

The directive is applicable to all situations, excluding those court proceedings which are inevitable and urgent.

Presently the Chamber is not issuing any instructions in respect of judicial acts that need to be presented in the Court Registry. Thus, lawyers must still abide by any legal terms for the presentation of the same acts.

The Chamber said it will take very seriously those situations in which lawyers, notwithstanding this directive, try to take advantage of the situation in respect of a lawyer who abides by this directive and does not attend a sitting.

“In such circumstances, the Chamber will be investigating the case and, if necessary, will take action against said lawyer before the Committee for Lawyers and Legal Procurators.”

In the circumstance that in following this directive, lawyers encounter any type of problem with any member of the judiciary, he must immediately notify the Chamber by email, so the Chamber would be able to intervene if necessary.

The Chamber of Advocates augured that the health authorities will intervene and take the necessary immediate and direct action to suspend all Court activity before Monday 14 March.