Dear Members,
The committee periodically receives complaints from members. These complaints, both verbal and written, have been brought to the attention of the Court’s Pengarah and, where necessary, the respective judges and judicial officers. Through various engagements and meetings with the court, we have highlighted the following pertinent issues and received feedback from the Court:
(a) Requirement of Filing Additional Affidavits in Adoption Matters
We have received complaints that a particular Sessions Court requires additional evidence by way of additional affidavits to be filed by adoptive parents, both pre- and post-report by the guardian ad litem (the JKM). The JBC takes the position that these directions are ultra vires the Adoption Act 1952, as such powers of reporting are vested with the guardian ad litem appointed by the court and usurp the powers vested in the JKM. We have informed the court of these concerns, and we are advised that the court acknowledges this issue and, in principle, agrees with our position. We are informed that the court will act on this to have this practice ceased. Should members encounter further issues, kindly let us know.
(b) Delays and Postponements of Trials/Hearings
We have brought to the court’s attention the issue of postponements, sometimes at late notice, causing inconvenience to members and their clients. The court has informed us that these delays and postponements are primarily due to prioritizing the backlog of cases, with ‘aging’ cases given precedence. The Pengarah has suggested that counsels write to the court if there is an urgency to hear the matter, including but not limited to issues involving elderly, sick, or vulnerable witnesses, travel requirements, or other exigencies requiring speedy disposal of cases. The court has agreed to facilitate such requests and asks members to write directly to the respective courts indicating such urgency. If such requests are not entertained, kindly forward your issue to the JBC for us to address in our periodic meetings with the courts.
(c) Pupils’ Reception Post Long Call
An issue has been raised regarding the reception of pupils after the long call. The JBC will be trying out a new format to allow for the participation of family members and their masters on their special day.
(d) Dress Code and Court Etiquette
The court has asked us to remind lawyers to comply with the dress code for court attendance and to observe court decorum and etiquette when in court. Clients and witnesses should be advised on proper attire and court decorum. Pupils must also be properly attired in accordance with the dress code, especially during the hearing of the petition for admission. Members are also asked to be early for court and/or seek a stand-down of matters should they be attending to other courts, as this would assist the court and other members who have cases in the same court.
Please note that this is not an exhaustive list of issues, as several administrative matters (such as those relating to eFiling) and isolated issues have been dealt with directly with the respective judges/registrar. If you have matters that need addressing, please email the Secretariat (secretariat@johorebar.org.my) or myself at chairman@johorebar.org.my. I ask that your complaints include the respective case number and the judicial officer involved to facilitate our resolution of the same.
Best regards,
FADHIL IHSAN
CHAIRMAN