Judge Barry Beazley publicly named as new Acting Supreme Court Justice after having already refused the position

EXCLUSIVE: A DISTRICT Court judge has refused a State Government appointment to the Supreme Court bench and has been praised for taking a stand over the ongoing shortage of judges.

Adelaide District Court Judges - Judge Barry Beazley.

A DISTRICT Court judge has refused a State Government appointment to the Supreme Court bench and been praised for taking a stand over the ongoing shortage of judges.

The Advertiser can reveal Judge Barry Beazley declined to be appointed an Auxiliary Supreme Court Justice, turning down potential career and financial benefits.

Although he did not comment on Friday, legal insiders say he has “courageously” put the government on notice that it must adequately resource the courts.

They are concerned the appointment of Auxiliary Justices shows Attorney-General John Rau will continue to refuse to hire new judges and justices for the overloaded justice system.

The Supreme Court bench is already short by one judge, with Justice John Sulan set to retire this year, while the District Court bench is short two judges.

Insiders fear Mr Rau intends to abolish the District Court and consolidate all cases in the Supreme and Magistrates Courts — the model used in the NT.

On Friday, SA Bar Association president Andrew Harris, QC, said elevating some judges and not others sent the wrong message to the community.

“All of the judges appointed are of the highest calibre and there is no issue about their competence — this has nothing to do with them,” he said.

“When you have District Court judges pinch-hitting in the Supreme Court, you create a perception they are auditioning or on probation.

“You also create the perception that, for these positions to be made permanent, these judges must be good to the government who appointed them.

“Those perceptions are not only wrong, inappropriate and undesirable, they strike at the community’s perception of judicial independence.”

District Court Judge Wayne Chivell.

District Court Judge Paul Slattery.

Thursday’s Government Gazette named District Court Judges Beazley, Wayne Chivell and Paul Slattery as Auxiliary Supreme Court Justices for the next 15 months.

It also appointed WA Supreme Court Justice Edwin Corboy to the same position.

Traditionally, Auxiliary Justices are retired jurists who are assigned to hear specific cases due to conflict of interest or other problems within the court, such as backlog.

However, Judge Beazley had refused the position before the Gazette was published — a mistake Supreme Court Justice Chris Kourakis acknowledged on Friday.

“Unfortunately, a letter I had prepared in the hope that Judge Beazley would also agree was inadvertently sent to the Attorney-General even though he had declined my request,” he said.

“After apologising to Judge Beazley for my oversight yesterday, I have today, at his request, written to the Attorney-General asking him to revoke Judge Beazley’s appointment.”

Justice Corboy will preside over an upcoming civil case that involves members of Adelaide’s legal fraternity, and so cannot be heard by a local judge.

However, The Advertiser understands Auxiliary Justices Chivell and Slattery will be “on call” for the Supreme Court while continuing to hear District Court cases.

On Friday, insiders praised Judge Beazley’s stance.

“His decision was courageous and appropriate, and he struck a blow for judicial independence,” one lawyer said.

“You can’t use the District Court as a labour-hire organisation for the Supreme Court, trotting people across Gouger St and into red robes whenever you’ve got a vacancy.

“The government needs to appoint fulltime Justices to replace those who retire, not backfill from the ranks of the District Court.”

Mr Harris agreed it “would be better” to hire new judges than share them between jurisdictions.

“I sincerely hope this is not a substitute for the appointment of a full-time Supreme Court Justice to replace the retiring Justice John Sulan,” he said.

“That would be utterly unacceptable to the Bar.”

Mr Rau said the auxiliary appointments “were made at the request of the courts”.

“I do not select auxiliaries, the court does, and I acted in this case on the basis of their request,” he said.

“I expect to shortly receive a request to revoke his appointment.”

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