Johore Bar Committee

MALAYSIAN JUDICIAL AND LEGAL SERVICES

The Malaysian judiciary is structured with the Chief Justice at its head, overseeing various courts including the Federal Court, Court of Appeal, and High Courts. The process of appointing judges involves multiple consultations and recommendations, primarily involving the Prime Minister, the Chief Justice, and the Yang di-Pertuan Agong (the King). Judges retire at 65, but provisions exist for their resignation or removal under specific conditions.

JUDICIARY STRUCTURE

  • The Chief Justice heads the judiciary
  • The President heads the Court of Appeal
  • Two Chief Judges head the High Courts in Malaya and Sabah and Sarawak
  • These officials also sit in the Federal Court, the highest court in Malaysia

QUALIFICATIONS FOR JUDGES

  • Must be a citizen
  • Must have 10 years of experience as an advocate or in judicial/legal service

APPOINTMENT PROCESS

  • Made by the Yang di-Pertuan Agong on the Prime Minister’s advice
  • Consultation with the Conference of Rulers is required
  • Additional consultations for appointing judges other than the Chief Justice
  • Chief Justice advises on the order of precedence among judges

ADDITIONAL JUDGES

  • The Yang di-Pertuan Agong can appoint additional judges to the Federal Court on the Chief Justice’s advice

RETIREMENT AND RESIGNATION

  • Judges retire at 65
  • Judges can resign by writing to the Yang di-Pertuan Agong
  • Actions by a judge are not invalidated by their reaching the retirement age

REMOVAL OF JUDGES

  • Based on breaches of the code of ethics or inability to perform duties
  • Requires a tribunal appointed by the Yang di-Pertuan Agong
  • The judge can be suspended pending investigation

The Attorney General

The Attorney General in Malaysia is appointed by the Yang di-Pertuan Agong on the advice of the Prime Minister. The Attorney General provides legal advice to the government, has the power to manage legal proceedings, and holds office at the pleasure of the Yang di-Pertuan Agong.

APPOINTMENT

  • Appointed by the Yang di-Pertuan Agong on the Prime Minister’s advice
  • Must be qualified to be a judge of the Federal Court

DUTIES

  • Advise the Yang di-Pertuan Agong, the Cabinet, or any Minister on legal matters
  • Perform other legal duties assigned by the Yang di-Pertuan Agong or the Cabinet
  • Discharge functions conferred by the Constitution or other laws

POWERS

  • Discretionary power to institute, conduct, or discontinue legal proceedings (excluding Syariah courts, native courts, or courts-martial)
  • Right of audience and precedence in any court or tribunal in the Federation

TERM AND RESIGNATION

  • Holds office at the pleasure of the Yang di-Pertuan Agong
  • Can resign at any time
  • Receives remuneration determined by the Yang di-Pertuan Agong unless a Cabinet member

Latest News & Events

ARE YOU LOOKING FOR SOMEONE TO HELP?

Let us help you! Call Now : +607-220 9797

No. 5 Jalan Tun Abdul Razak, Susur 1/1, 80000, Johor Bahru
Johor Darul Ta’zim, Malaysia