Code of Organization and Civil Procedure (Cap. 12), article 11

11. (1) The President of Malta shall assign to each of the judges his duties by assigning to him the court or the chamber of the court or section in which he is to sit ordinarily, and may transfer a judge from one court or chamber or secti on of a court to anot her: Provided that a judge may be assigned to sit ordinarily in more than one court or more than one chamber or section of one or more courts. (2) The President of Malta is also empowered to surrogate a judge in case of a vacancy i n the number of judges. (3) Where more than one judge is a ssigned to sit ordinarily in a court, or in a chamber or section of a court, the distribution of CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 9 duties in general between the said judges shall be made by the Chief Justice, and the registrar shall assign cases and other j udicial acts to the judges as direct ed by the Ch ief Justice: Provided that, except where cases or judicial acts are assigned according to general d irectives or according to rules made pursuant to sub-article (6), wh ere the Chief Justice may be challenged or may abstain from t aking cognizance of a case for any of the reasons mentioned in article 734(1)( a), ( b), ( c), ( d)(ii) and (iii), ( e) and ( g), the assignement of such a case shall be made by the Senior Administrative Judge r eferred to in sub-article (11) . (4) Whenever any judge, other than the Chief Justice, is challenged or otherwise lawfully impeded, the Chief Justice sha ll assign another judge to take cognizance of the case: Provided that, except where cases or judicial acts are assigned according to general d irectives or according to rules made pursuant to sub-article (6), wh ere the Chief Justice may be challenged or may abstain from t aking cognizance of a case for any of the reasons mentioned in article 734(1)( a), ( b), ( c), ( d)(ii) and (iii), ( e) and ( g), the assignement of a judge to take cognizance of that case shall be made by the S enior Administrative Judge refe rred to in sub-article (11). (5) Without prejudice to the prov isions of article 12(2), and except where cases and judicial acts are assigned according to general directives or according to rules made pursuant to sub- article (6), where the Chief Jus tice is challenged or otherwise lawfully impeded, the Senior Administrative Judge referred to i n sub-article (11) shall assign an other judge to take cognizance of the case. (6) The Rule-Making Board est ablished under article 29 may make rules providing for the manner of the distribution of case s and other judicial acts for the purpos es of sub-articles (3), (4) a nd (5). (7) Any assignement, transfer or subrogation made by the President of Malta, and any distribution of duties in general, and the assignment of cases pursuant to a challenge or abstention m ade by the Chief Justice or, as the case may be, by the Senior Administrative Judge referred to in sub-ar ticle (11), shall be deemed to have been properly and sufficiently notified for all purposes if notice thereof is posted in such registry as the Mi nister may under article 27 prescribe for the purpose before or at the beginning of the period during which such assignment, transfer, subrogation or distribution is to take effect. (8) The registrar shall keep a r ecord of all notices posted up i n terms of the last preceding sub-article and of the date of such posting. (9) Where any dispute arises a s to whether a case or other judicial act is to be assigned to one judge or to another judge sitting in the same court or in the same chamber or section of a court, or when a dispute arises as to which chamber or section of a court is to deal with a particular case or a particular judicial act, the m atter shall be referred to the Chief Justice who shall, in camera , 10 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE determine the judge or chamber or section to which the case or judicial act shall be assigned. The determination by the Chief Justice shall be registered in the records of the case and shal l be final: Provided that where the Chief Justice may be challenged or may abstain from taking cognizance of that case or judicial act for any of the reasons mentioned in article 734(1)( a), ( b), ( c), ( d)(ii) and (iii), ( e) and ( g), the determination shall be made by the Senior Administrative Judge referred to in sub-article (11). (10) When more than one judge is assigned to sit in a chamber or section of a court not being an appellate court, the Chief Just ice may designate one of the judges as President of that chamber or section; such designation shall be for a specified time or unti l another judge is so designated. The Judge so designated shall perform such duties and functions as may be assigned by the Chi ef Justice or as may be provided by any law for the time being in force. (11) For the purposes of this article, and in order to perform t he duties listed in this article, the Chief Justice shall nominate a Senior Administrative Judge. Applicability of certain provisions to President of Court of Appeal. Amended by: I.1914.2; XXXI.1934.3; XIII.1964.7; XXXI.2002.7; VII.2007.5.