Appointments to superior courts must be on merits, integrity rather than seniority

18 November 2023 10:47 am - 20 - {{hitsCtrl.values.hits}}

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COLOMBO (Daily Mirror)- The Lawyers’ Collective, a prominent legal advocacy group in Sri Lanka emphasized that appointments made by the President to the superior courts in consultation with the Chief Justice and as approved by the Constitutional Council must be on merit and integrity rather than merely on seniority.

In a statement, the Lawyer’s Collective has requested for a prompt response to recent allegations of abuse of judicial office against the President of the Court of Appeal by Sports Minister Roshan Ranasinghe on November 8, 2023 in Parliament.

The Lawyer’s Collective maintained that any allegation of abuse of office by a superior
court judge is a very serious matter. Similarly, undermining orders by a court under the cover of Parliamentary privileges without formal complaints is equally very problematic.

"It is crucial that expeditious, transparent and robust measures are taken in light of any allegations against a
judicial officer to determine if these are true or false, in order to protect the integrity and
independence of the judiciary. We remind that the independence of the judiciary is fundamental to protecting the fundamental rights of people and maintaining the sovereignty of the people
of Sri Lanka, as guaranteed by Articles 3 and 4(c) of the Constitution", the Lawyer’s Collective added.

The Lawyer’s Collective observed that apart from a procedure for impeachment, there is no transparent and accountable process in
place for disciplinary investigations and actions against judicial officers of the superior courts.

The Lawyer’s Collective urges the superior courts to establish an internal regulatory
system that addresses ethics and discipline in these Courts whereby the procedure of
impeachment by Parliament becomes a measure of last resort. It further maintained that the superior courts must ensure that any allegations are promptly dealt with appropriately and findings made public.

The Lawyer’s Collective further emphasised that any allegation of conflict of interest or dereliction of duty or misconduct must be subject to a credible investigation that publicly exonerates or confirms guilt.

"The superior courts should also formally promulgate a binding code of conduct and ethics for superior court judges, which was mooted a few years ago," the statement further added.

On behalf of the Lawyers’ Collective a group of President’s Counsels including Upul Jayasuriya, Dr. Jayampathy Wickramaratne, Geoffrey Alagaratnam, M.A. Sumanthiran, Dinal Phillips, S.T. Jayanaga, M.M. Zuhair, Attorneys-at-law Prof. Savitri Goonesekere, Prof. Deepika Udagama, Upul Kumarapperuma and several others signed the statement.

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Comments - 20

Sincere Saturday, 18 November 2023 11:11 AM

In that case, hardly anyone can be appointed.. Lol...

Sandy Saturday, 18 November 2023 11:16 AM

Appointment should be on merit

A supporter of the legal system Saturday, 18 November 2023 11:30 AM

The Lawyers’ Collective says appointments to the superior courts must be on merit and integrity rather than merely on seniority. However, 'clever thinking' is also needed as was shown in a case of eligibility for being an MP. As the respondent did not have the citizenship in UK, she did not have dual citizenship and hence she is eligible to be an M.P. although she did not have citizenship in Sri Lanka either. The 2 out of 3 judges came up with a 'right' judgment.

Mahila Sunday, 19 November 2023 04:20 AM

Because, primarily you cannot just MAKE ANYONE PERSON ENJOYING status of CITIZEN of a COUNTRY "STATELESS", OVERNIGHT!!!??? So, implied citizenship is flowing from HER “PARENTAL” in this instance!!!??? Ofcourse, Sri Lanka is unique and hyped about INCLUSION ‘Guinness Book of Records’!!! So they have it – FIRST in the world to have 2 million stateless people, way back in 1949 – Post Independence!!!??? That was the pristine era of “Kale John”, signifying, advent – Sinhala Buddhist Supremacy, DEVOID of Colonial Shackles, temper arrogance of majority SB’s of SL!!! The persona has proved those ERUDITE, KNOWLEDGEABLE, SO-CALLED EMANCIPATED INHABITANTS IN SRI LANKAN “AUGUST ASSEMBLY” – Parliament of SL WRONG!!! Devoid of knowledge, International UN covenants, SWOLLEN HEADED

JudgeMe Saturday, 18 November 2023 12:08 PM

SL courts system needs huge reforms, not just for how judges are appointed.

FairJudge Saturday, 18 November 2023 12:25 PM

They should asl scrap this SL law college which produces lawyers. It is the most useless place. In all developed countries, lawyers are produced by prestigious universities with highly competitive university entrance results, just the same way doctors, engineers and others professionals. But in SL, for some reason, there is this law college which admits OL failed politicians and others. What do you expect when they pass out?

Bandu Saturday, 18 November 2023 02:11 PM

To the Lawyers Collective: While it is good that appointments be made by the President to the superior courts in consultation with the Chief Justice and as approved by the Constitutional Council, must be on merit and integrity rather than merely on seniority, I must emphasise that in Sri Lanka, the norm is that anything left for discretion (for the public good) is made use of politicos (incl Prez) for their own good instead. The CC was 3 politikkas and seven civil society but Parliament changed it the other way for their benefit. Now even the CC is bypassed to get an IGP.

Lion Saturday, 18 November 2023 02:25 PM

Very good suggestion

Prema muhandiram Saturday, 18 November 2023 05:00 PM

I agree but publish the expected ethical conduct and professional qualifications/ stranded/criteria and the process of performance assessment. In addition provide them adequate and decent facilities such as quarters,vehicles etc (see the standards of quarters provided to Supreme/a Appeal courts judges at SCCBOM considering their social status.Also minimise direct recruitment form official/unofficial Bar to higher courts allowing carrier judges to progress

Tissa Fernando Saturday, 18 November 2023 05:55 PM

Is seniority itself not a merit by itself as the more senior the judge is more experienced.he is. But how do you measure integrity which is very subjective. If a person is not having any integrity then he should not be holding any judicial position. Bringing integrity here will allow Predident to appoint his friends bypassing more senior people.

Ex Lawyer from SL. Saturday, 18 November 2023 06:22 PM

@ fair judge- I absolutely agree. Merge with faculty of law to maintain admission standards. There is no private medical,Dental, Engineering Colleges. How come the university undergraduates have not protested about private Law College?

Ram Saturday, 18 November 2023 07:04 PM

Some of the recent decisions made by the Justice in question must be reviewed by the SC whether the decision is appealed or not. Merit system is a good proposal and must be applied ASAP. Court must lay some guidelines about complaints against higher judicial officers

Navi Saturday, 18 November 2023 07:47 PM

Appoint more Karunaratne types...... from the frying pan to the fire.

Ex solicitor Saturday, 18 November 2023 09:12 PM

It will never happen. POLITICS.

Cassim Zarook Saturday, 18 November 2023 09:50 PM

The judiciary needs massive reforms. A database of all Judges must be maintained from day one of the appointment. The database must carry the misdeeds and virtuous deeds of the Judges. Miscreant Judges should not be allowed to simply get away.

Sam Kamil Sunday, 19 November 2023 03:28 AM

Same thing with Attorney General too

Mahila Sunday, 19 November 2023 04:57 AM

Sirimavo’ political coterie's design – overcome then unemployment and Youth agitation. Then they made free entry (NO A/L required for Advocates) applicable to incumbent Members of Parliament!!!?? Their rationale was, because 50,000 “Modaya’s Collective” in any one electorate, deemed, “conferred A/L qualifications”, JUST by electing the HONOURABLE "EMPEES"!!! Ouch, My Foot!!?? FUNNY!! There are Former Presidents who are beneficiaries of this award!!! Suppose better than stating, as age old story goes better than “Landed Proprietor or Animal Husbandry”, printing out Advocate, Sri Lanka SC or Attorney-at-Law, SC of SL??? They then gain the nimbleness to control the head of the 3rd Pillar of D E M O’crazy!! Fine Game!!!? Far reaching decisions of our leaders past come to haunt us – DEPRAVITY!!?? Fault - CONTINUANCE!!?

VJ Sunday, 19 November 2023 08:56 AM

Well said, but Sri Lanka is a country like no other.

VJ Sunday, 19 November 2023 03:26 PM

Selection for promotion should be only on merit. The criteria used for the evaluation should be established in advance. A yearly performance evaluation system could be implemented. This will be fair to all judges and the people they serve.

Acahala Ratna Monday, 20 November 2023 05:53 AM

Where were you guys, when Mohan Peiris and some other judges were accused of abusing the Judiciary System. Selective memory syndrome is a debilitating decease.

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Appointments to superior courts must be on merits, integrity rather than seniority

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