They also want to see a woman judge appointed to the JAC.
However, they said, gender should not be the main criteria when vacancies arise in the judiciary in four months.
The three women are Zainun Ali, Aziah Ali and Zaharah Ibrahim. They are among 10 Federal Court judges now.
The lawyers suggested this as the current JAC line-up does not have a single women, whether from the judiciary or the four “eminent persons” required to be appointed to the JAC.
Last week, Prime Minister Najib Razak appointed a relatively young but junior Federal Court judge, Azahar Mohamed, to the JAC. He also appointed four “eminent persons”, none of whom is a woman.
The others who sit on the nine-member JAC by virtue of their office are the chief justice, the Court of Appeal president, the chief judge of Malaya, and the chief judge of Sabah and Sarawak.
The JAC suggests candidates to the prime minister for judicial posts and advises the king on appointments and elevation of judges to the superior courts.
Azahar filled the slot designed for a senior Federal Court judge following the appointment of Ahmad Maarop as Chief Judge of Malaya on April 1.
The only female who has ever sat on the JAC is former attorney-general Ainum Mohamed Saaid who served from 2009 to 2013.
Lawyer Ambiga Sreenevasan said today she believed the three women judges were eminently qualified for top judicial administrative positions.
“The judiciary must lead the way in showing that, taking into account seniority and merit, gender is not a disqualifying factor in such appointments,” the former Malaysian Bar president told FMT.
Human rights lawyer Honey Tan Lay Ean said the judiciary should reflect the composition of society.
“It is not merely the gender diversity that we should aim for in the upper echelons of the judiciary but also ethnic diversity,” said Tan, who is also a Bar Council member.
She said one of the women judges should be appointed as Court of Appeal president when the time came for Ahmad (Maarop) to become Chief Justice of Malaysia.
She said the other two could be considered for appointment as chief judge of Malaya.
“They are all as equally qualified as male Federal Court judges and that being the case, they should be prioritised,” she said.
Lawyer Balwant Singh Sidhu said all three had written good judgments, a hallmark of versatile judicial officers, and were eminent judges.
“We have never had a female heading the judiciary and this is a great and opportune moment for one of them to make legal history,” he said.
Lawyer Meera Samanther said sources informed her that two women had been considered but were not appointed to the JAC.
“Let us not just assume that women judges would be appointed to hold administrative posts,” she said, adding that women judges must join forces and demand, from within, for more appropriate postings.
She said the public and civil society must persuade the government to “walk the talk”.
“It is no use talking about 30% (government quota of 30% women in policy-making positions in the public sector) without turning the plans into action,” said Meera , who is Association of Women Lawyers committee member.
The JAC, which is required to meet at least once a month, is scheduled to meet next month to work out a succession plan as chief justice Raus Sharif will retire in August and Court of Appeal president Zulkefli Ahmad Makinudin will retire in September.
Zainun will retire on April 5 next year, Aziah on May 22 while Zaharah will retire on November 17, all upon reaching 66, the mandatory retirement age for judges. However, they can remain in office for another six months if an extension is approved by the king.
The only female judge who ever held a top administrative post in the judiciary was Siti Norma Yaakob, the chief judge of Malaya from 2005 to 2007.