The National Legislative Assembly (NLA) yesterday voted unanimously to accept an organic bill on Constitutional Court trial procedures in its first reading.
The bill will pave the way for a new selection process for the court's panel of judges. Lawmakers backed the bill with an unanimous vote of 198-0. A 22-member committee has been set up to scrutinise the bill, submitted by the Constitutional Drafting Committee. The scrutiny panel has 50 days to vet the bill before returning it to the NLA for final approval.
Under the bill, the court is made up of nine judges, reflecting the current composition, with a seven-year term of office. Of the nine judges, three will be selected from a plenary gathering of the Supreme Court and must have served as Supreme Court chief judges for at least three years.
Another two will be selected from a plenary gathering of the Supreme Administrative Court and must have been judges in this court for at least five years. Another will be selected from experts in the field of law who are or were university professors with at least five years in the job.
Another will be selected from experts in the field of political science or public administration who again are or were university professors with at least five years experience.
The other two will be selected from serving or retired civil servants holding the position of department director-general or equivalent or deputy attorney-general for at least five years.
Section 38 sets out powers the court has to maintaining order during trials or other legal proceedings. The section says anyone who criticises the court's rulings with well-meaning intent and who do so without resorting to rude, profane, sarcastic or intimidating language will not be considered in contempt of court.
Section 39 stipulates that a violator of Section 38 will be held in contempt. Offenders could face punishment ranging from a warning, expulsion from the courtroom or a jail term of up to a month or a fine of up to 50,000 baht.
Section 76 stipulates that any existing Constitutional Court judge in office before the bill is enacted into law and who is not qualified under the new constitution will be allowed to stay on until they complete their terms. This is likely to remove opposition from judges who were afraid they would lose their jobs.
