Lawyers’ Collective calls for regulations on retired Judges’ appointments to public and private sector

By Lakmal Sooriyagoda   

The Lawyers’ Collective, a prominent legal advocacy group in Sri Lanka has issued a statement highlighting the need for regulating the appointment of retired judges, particularly those from the Superior Courts, to positions in both the public and private sectors.   

In its statement, the Collective proposed that these matters should be governed by constitutional or statutory provisions to uphold judicial independence and integrity.   

This statement comes at a time when the new government is finalising a list of appointments for heads of Sri Lanka’s diplomatic missions abroad and notably, former Chief Justice Jayantha Jayasuriya has been named as Sri Lanka’s Permanent Representative to the United Nations in New York.   

The Lawyers’ Collective stated that appointment of retired judges, particularly those from the Superior Courts, to roles in both the public and private sectors has raised concerns among the legal community and the public in Sri Lanka and beyond.   

The statement stated that such post-retirement appointments, regardless of their merits, can cast doubt on the integrity of past judicial decisions and potentially weaken public confidence in judicial independence. These concerns are heightened when appointments are made immediately after a judge’s retirement. It further suggested that retirement benefits for judges of the Superior Courts should be on par with the emoluments and benefits received by judges still in service.   

The Lawyers’ Collective emphasised that retired judges should not engage in any activities that provide them with monetary gain, advantage, or benefit unless explicitly permitted by the Constitution or written law.   

The statement underscores the importance of ensuring that post-retirement engagements of judges do not compromise the credibility and impartiality of the judiciary.   

The statement clarified that the valuable experience and insights gained by judges should not go to waste after retirement. Instead, the country should utilise their expertise in a way that does not cast doubt on their impartiality during their tenure. It noted that there is no objection to retired judges being appointed as members or chairpersons of constitutional commissions, Commissions of Inquiry, or institutions like the Law Commission of Sri Lanka, as long as such appointments are made through mechanisms like the Constitutional Council, ensuring national consensus.   

The statement suggested that their expertise could be effectively utilised in legal education and the training of judges and lawyers.   

On behalf of the Lawyers’ Collective a group of President’s Counsels Rienzie Arsekularatne, Dr. Jayampathy Wickramaratne, M.A. Sumanthiran, Geoffrey Alagaratnam, Saliya Pieris, S.T. Jayanaga, Prof. Deepika Udagama, Rev. Fr. Noel Dias and several other attorneys signed the statement.