Wednesday, October 29, 2014

Resolution regarding retired judges of the superior courts appearing as counsel in court

(A) WHEREAS it is a fundamental principle of the Malaysian legal system that not only must justice be done, it must be seen to be done; thus perceptions and appearances matter.

(B) WHEREAS it is a principle of antiquity in common law jurisdictions that a retired judge of a superior court should not practice as counsel before the judges who were previously his colleagues or his junior to him on the Bench.

(C) WHEREAS that tradition and convention was likewise observed in Malaysia for decades, until in recent years.

(D) WHEREAS retired judges now frequently appear as counsel, not only in the superior courts, but also in the subordinate courts and even to argue chamber applications.

Read more!