PETALING JAYA: The directive requiring all judges to attend office during the “court vacation” is a welcome move that formalises a long-standing but loosely observed practice for the first time, lawyers say.
Lawyer Zander Lim Wai Keong said the circular brought to the fore an important principle that the court vacation is not a pause in judicial responsibility.
“It is a working period. Judges are expected to prepare judgments, review ongoing matters, conduct legal research and keep abreast of legal developments.
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“This aligns with the broader duty to deliver decisions efficiently and without delay,” he said.
Lim, a former deputy public prosecutor, added that while this has long been understood in practice, its formalisation in writing for the first time is both timely and significant.
On Thursday, Chief Justice Datuk Seri Wan Ahmad Farid Wan Salleh issued a circular requiring judges to continue attending office during the court vacation period between June 1 and June 12, unless they are on approved leave.
Lim noted that in criminal and commercial crime cases, delays in the delivery of grounds of judgment remain a recurring concern.
“Appeals are frequently held in abeyance pending written grounds, particularly in the High Court and the Court of Appeal,” he added.
He said a structured and disciplined use of the court vacation period can meaningfully reduce backlog and expedite the preparation of grounds of judgment.
“The directive ultimately reinforces a fundamental requirement of the justice system, that justice must be timely, efficient and accessible,” he said.
The directive also mirrors the standards expected under the Judges’ Code of Ethics, which prioritise judicial duties, active case management and the delivery of judgments without delay, he said.
Senior lawyer Thavalingam Thavarajah said the move reinforces the ongoing practice of judges producing their grounds of judgment on time.
“This will enhance the system that is already in place and ensure that judgments continue to be ready in a timely manner,” he said.
Senior lawyer Datuk Seri Dr Jahaberdeen Mohamed Yunoos echoed this sentiment, saying that judges have always used the lull period to clear their non-open-court work.
“In reality, most judges use this period for non-open-court judicial work, which is substantial in clearing backlog, writing judgments, reading up and researching the law, and so on.
“But of course, judges are all human and how they perform during court vacation will also be influenced by their own level of discipline,” he said.
He said the circular acted as a good reminder and motivation for less disciplined judges.
Former Bar Council chairman Datuk Kuthubul Zaman Bukhari said the move was well-received as it will ensure judicial accountability and transparency.
“It will also help to develop our jurisprudence,” he said.
“It allows parties to decide early whether to appeal or not based on the reasoning of the decision.”
