Judge Consuelo Scerri Herrera has officially been recommended to be Malta's next Chief Justice by Prime Minister Abela and Justice Minister Jonathan Attard, with the government now awaiting the Nationalist Party's response on the appointment.
The Minister for Justice confirmed this with the Times of Malta on Wednesday, 28 January.
Minister Attard said that Scerri Herrera, 61, has what it takes to be the next Chief Justice of Malta through her experience, credentials, and deep knowledge.
Following her recommendation, the government is now waiting for the Opposition to decide whether it will approve or block her appointment. This is the first time that the appointment of the Chief Justice of Malta is to require a two-thirds majority from the Parliament of Malta.
The Chief Justice of Malta heads Malta's judiciary. They have the duty to preside some cases but also to decide which members of the judiciary should hear what kinds of cases. Hence, the Chief Justice plays a major factor in how the Maltese judiciary functions through these decisions.
Present Chief Justice Mark Chetcuti hits the retirement for this constitutional role, 68 years old, on 4 February, meaning that he will have to vacate his seat for his successor on Wednesday, next week. If both sides of the House do not agree on who should succeed him, then he will continue acting as Chief Justice till his successor is decided upon and appointed. Chief Justice Chetcuti was appointed unanimously by Parliament, even though he only required a simple majority to be approved for the role.
With a week left before the outgoing Chief Justice is expected to vacate this prestigious position, other names floating about for consideration instead of the proposed Judge Consuelo Scerri Herrera are Lawrence Mintoff, Henri Mizzi, Francesco Depasquale, and Edwina Grima. Grima is thought to be the preferred candidate within some PN discussions.
Scerri Herrera was first appointed as a magistrate in 1998 and later promoted to a judge 20 years later, in 2018. Before 1998, she worked with her brother, former Minister José Herrera, at the law firm Herrera & Herrera Advocates. Ex-Minister Herrera has a long history in Maltese politics, though has not been an MP since 2022.
Justice Minister Jonathan Attard quashed the idea that Scerri Herrera's sibling's relationship with the Labour Party and his experience in Maltese politics should affect her appointment as the next Chief Justice. In this regard, he noted that Chief Justices, once appointed into the role, "elevate themselves from every consideration, political or familial interest."