Monday, 12 April 2010

Judge accused of breaching ethics | Stuff.co.nz

Judge accused of breaching ethics | Stuff.co.nz
The heat rises. But I do not believe that he will have to resign, nor will he do so voluntarily. None of the journalists have bothered to find out that he can only be removed by Parliament. I do not believe this has ever been done in New Zealand and seldom in England. Judges are appointed de bene gesserint, or on good behavior. What constitutes bad behavior has not ever really been discussed. It is easy to think of actions such as being convicted of an indictable offence, or an outrageous venting of racist or sexist comments, which would qualify as bad behaviour. There is one case on the removal of the Chief Justice of Gibraltar, where a succession of petty events, coupled with some poor judgment and a strong willed and independent wife led to the setting up of a Judicial Commission to remove the judge. While poor judgement may be thought to be a hint the decision was 4-3, so the Privy Council was not at all firm on the issue. This can be read in the Privy Council report of Hearing on the Report of the Chief Justice of Gibraltar (Gibraltar) [2009] UKPC 43 (12 November 2009)

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