Bar president Ezri Abdul Wahab said he was “gravely” concerned by Terrirudin’s appointment and that the lack of transparency in the process was “troubling”.
He pointed out that the senior-most members of the Federal Court were conventionally appointed to the JAC, whereas Terrirudin was only elevated to the apex court in November last year.
“Departing from this practice raises legitimate questions about the basis for the decision, particularly in the absence of any clear explanation of the criteria used.
“Predictability, clarity and respect for established norms are essential to sustaining public confidence in the independence of the judiciary,” he said in a statement.
Ezri added that the JAC played a crucial role in preserving judicial independence since it recommended candidates for top judicial posts, saying it was therefore essential that its composition inspired public confidence.
“When appointments to the JAC appear opaque or lack a clear rationale, it risks undermining confidence in the entire judicial system.
“Transparency is essential to ensure that the public can be confident that appointments are made solely on merit, free from political or other undue influence.”
Terrirudin was appointed to the JAC to replace Zabariah Yusof, who retired last month. He was attorney-general prior to his elevation to the apex court.
Prime Minister Anwar Ibrahim made the appointment pursuant to Section 5(1)(e) of the JAC Act 2009, which states that the appointment of a fifth Federal Court judge to the nine-member commission was the sole prerogative of the prime minister.
Under the Act, the top four judges in the judiciary are automatic members of the JAC by virtue of their positions.
The JAC presently seats Chief Justice Wan Ahmad Farid Wan Salleh, Court of Appeal president Abu Bakar Jais and Chief Judge of Sabah and Sarawak Azizah Nawawi.
The position of Chief Judge of Malaya has been vacant since the retirement of Hasnah Hashim last week.
Last year, the prime minister appointed four eminent persons to the JAC for a two-year term beginning Nov 1 – former attorney-general Idrus Harun, former Federal Court judge Zainun Ali, former Sarawak attorney-general Talat Mahmood Abdul Rashid, and Universiti Teknologi Mara law lecturer Hartini Saripan.