The Chief Justice also makes case assignments. He may assign an important case to one judge rather than another. There may be special reasons for making a particular assignment, although in theory all judges, once appointed by the Conference of Rulers, are equally competent.

Lawyers, however, know that the selection of the judge affects the chances of having a fair and just hearing that should lead to a resolution of the legal issues of their case. In civil cases the major points are so well established that these can be agreed upon in a pre-trial conference between the parties and the judge.

Typically civil cases turn on the fine points of law, and these are presented for the judges consideration. The judge is expected to rule according to established precedent unless there is some unusual circumstance which argues heavily against precedent. The judge who rules against precedent thus must carefully record the reasoning, which is certain to receive careful attention from the appeal courts and the legal fraternity generally.

In criminal matters, the selection of the judge is crucial to the interests of the defendant and to the public, who wish the guilty to be found so, but not at the risk of placing the judicial system itself in disrepute. The judge, therefore, holds the reputation of the entire civilization of which he is a part in his hands each time he conducts a trial. This is a great responsibility, and one which is held in trust for the benefit of all of mankind, not in the narrow interests of individuals who happen to hold temporary authority or the political machine which supports that authority. The judge must be truly independent in thought and action.

In Malaysia the Chief justice is retiring soon. Chief Judge Chin, now past the age of mandatory retirement, serves on with an extension of six months, which is to expire at the end of the year. The custom, however, calls for him to take a two months leave before the end of the extended term. The extension is therefore not necessarily for the full six months, but by this singularity is potentially reduced to only four months. Thus the Chief Justice may elect to begin his retirement in only a month [Oct 20th].

There is urgent need to begin consideration of a new Chief Justice for Malaysia. The final decision is to be be made by the Conference of Rulers, with advice from the prime minister. The prime minister has been instrumental in removing all real political power from the Conference of Rulers, leaving them with little but moral authority over religious matters (an area into which he intrudes regularly). They still have the final voice on the selection of judges.

The Conference of Rulers has accepted previous choices put forward by the prime minister with little questioning, but with disastrous results for Malaysia. The entire country suffers from a perception that the judiciary is not independent, making irrational decisions not in accord with acceptable standards of fairness and justice, but in the interests of the prime minister's personal and political ends.

The time has come for the Conference of Rulers to stand forth resolutely as champions of the people. Let there be an end to the international shame and disgrace. Malaysia must have a Chief Justice who has integrity, and will stand firm against all that perversity and pomposity can hurl at him.