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The Snitch: Judge joins ‘The Sally Dowling Book Club’

Which judge has been given some punishment homework? Which judge might have some issues with his kids? And which lawyer has been suspended for going the extra mile? The Snitch is here.

Sydney barristers caught smoking

Fresh off his shellacking at the hands of the NSW Judicial Commission, under fire District Court Judge Robert Newlinds SC has been given some homework.

In their 88-page judgment, the commission’s panel, which included Chief Justice Andrew Bell, revealed that they have assigned Judge Newlinds some weekend reading on top of recommending he be benched from hearing criminal trials.

The judge has been ordered to skip 50 Shades and read a list of other page turners.

They include The Guide to Judicial Conduct, Judicial Bullying: the view from the Bar, The Judicial Bullying Guideline issued by the Judicial Commission of Victoria and four other publications, including Attributes of a good judge.

Off to the book shop: Judge Robert Newlinds SC. Picture Gary Ramage
Off to the book shop: Judge Robert Newlinds SC. Picture Gary Ramage

The panel then ordered Judge Newlinds to “attend upon” ex Chief Justice Tom Bathurst “at a mutually convenient time to discuss those publications and judicial conduct, temperament and behaviour”.

This came after the commission ruled that a number of the complaints made against Judge Newlinds by the state’s chief prosecutor, Sally Dowling SC, had been made out.

Ms Dowling took action after Judge Newlinds blasted her office in a December judgment over a failed rape case.

Judge Newlinds accused Ms Dowling’s office of, among other things, of making “lazy and perhaps politically expedient” decisions to prosecute hopeless rape cases.

Sally Dowling SC. Pic: Dan Himbrechts
Sally Dowling SC. Pic: Dan Himbrechts

The panel disagreed and used some withering language against judge Newlinds that included “gross failure in judicial demeanour”.

They also told Judge Newlinds to stay in his lane when it came to criticising the decision making process of Ms Dowling’s office.

“It is no part of a judge’s function to offer a high handed commentary on the conduct and general practices of a statutory office holder unless those matters are squarely before the judge in properly constituted proceedings…,” the report said.

In the last year, Ms Dowling has made complaints against at least three judges who criticised her office and employees in court.

So take it as a warning that if you fire a shot at the state’s chief prosecutor, you best not miss.

SORRY, KIDS

Judges are supposed to be impartial, but we’ll give newly appointed Supreme Court Justice Richard McHugh a pass because everyone has a few stumbles when they’re new to a job.

Justice McHugh was sworn in at a ceremony on Tuesday and closed his speech by delving into the fraught topic of which of his family he loves the most.

Justice Richard McHugh. Picture: Toby Zerna
Justice Richard McHugh. Picture: Toby Zerna

After revealing that one of his daughters offered him $1000 “if I declare her my favourite today”, Justice McHugh went in the opposite direction.

“So I will say to my children only this, I love you all equally but your mother, whose strength and compassion I admire more than anything in the world I love the most,” he said.

THE EXTRA MILE

The Penrith criminal lawyer charged with smuggling drugs into jail for her clients has been suspended from working.

Kristy Howell, of KJR Legal, has had her practising certificate suspended by the NSW Law society after she was accused of sneaking the drug ice, cocaine and tobacco into Parklea Jail in July.

Something in your pocket? Lawyer Kristy Howell.
Something in your pocket? Lawyer Kristy Howell.

Police said the 43-year-old was searched and that officers found “six small balloons containing tobacco, methylamphetamine, cocaine and buprenorphine.”

She was charged with unlawfully bringing anything into a place of detention, supplying an indictable quantity of a prohibited drug and two counts of supplying a prohibited drug.

In light of the charges, the Law Society this month decided Howell, who describes herself as “forward thinking” and “compassionate” could do with a spell while her case plays out.

Got a snitch? Contact brenden.hills@news.com.au

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Original URL: https://www.dailytelegraph.com.au/truecrimeaustralia/police-courts-nsw/the-snitch-judge-joins-the-sally-dowling-book-club/news-story/a88224b0bb790f21b640fe713fe5be17