Judicial bullying the ‘last legal bloodsport’, Judge Glen Cash suggests

A District Court judge has likened the bullying behaviours of judges to mobbing rituals that exist within military combat, suggesting judicial bullying could be the ‘last legal bloodsport’.

Queensland Supreme Court Judge Glen Cash has likened judicial bullying to mobbing rituals in military forces.

A District Court judge has likened the bullying behaviours of judges who take aim at lawyers to mobbing rituals that exist within military combat, suggesting ­judicial bullying could be the “last legal bloodsport” and urging greater “politeness and courtesy” from the bench.

In a speech delivered this week, Queensland judge Glen Cash argued there are embedded features of Australian courtrooms “which are especially conducive to produce bullying”, and repeatedly compared those features to military practice and bloodsports.

“Bloodsports have a dark lineage dating back at least as far as gladiatorial combat. A core concept is the use of violence purely for entertainment,” he told the Sunshine Coast Bar Association.

“Our ‘combat’ is only ever metaphorical, and it must be noted that there is in the military a necessary acceptance of violence under certain conditions. Undoubtedly, this is a significant factor when it comes to bullying in the military.

“But parallels exist as well. The profession of barristers and judges is extremely hierarchical. It requires training for admission into the profession. There is a degree of indoctrination into centuries of tradition. Practice involves a highly prescriptive code of conduct. There is a built-in deference to those of higher rank, coupled with physical gestures intended to ­reinforce the hierarchy.”

Justice Glenn Martin.

He spoke to a recent example overseas when UK Court of Appeal Lord Justice Clive Lewis was found to have “intervened excessively in counsel’s submissions, throughout the hearing, in a manner which became increasingly hard and rude and to the extent it constituted judicial bullying”.

Closer to home, veteran Victorian magistrate Rodney Crisp this year was admonished for dressing down a lawyer. The state’s judicial commission described his conduct as “rude, sarcastic, discourteous, and bullying” and he was ordered to undertake counselling and mentoring.

Justice Glenn Martin, former president of both the Queensland and Australian Bar Association, has previously spoken out on the issue, recounting a complaint from a junior barrister who had been told by a judge in open court: “You’re an idiot. Does your client know you’re an idiot?”

Judge Cash said the Australian justice system was “designed to emphasise” the power and authority of a judge, which can lend itself to producing bullying behaviours.

“The imbalance of power is on display for all to see. When a judge enters the courtroom, all present stand until the judge is seated,” he said.

“They bow toward the coat of arms to signify respect for the court. The judge’s seat is elevated above all others in the court. Submissions are advanced ‘with respect’ – or with ‘great respect’ if the lawyer is trying to say the judge is wrong. An adverse ruling is met with, ‘May it please the court.’ Obeisance is the currency of the courtroom.

“Something we can all agree on, though, is that politeness and courtesy go a long way,” Judge Cash said.

“If all those in the courtroom, including judges, keep this in the forefront of their minds, there is less chance of any behaviour that might be perceived as bullying.”