Tasmania next to implement judicial commission

Tasmania is poised to become the latest to implement a judicial watchdog to govern the misconduct of judges, magistrates and registrars.

Tasmania is poised to become the latest state to establish a judicial commission.

Tasmania is poised to be the next state to implement a judicial watchdog to govern the misconduct of judges, magistrates and registrars, and potentially play an “educative role” for lawyers.

In the strongest indication Tasmania would be following the lead of five states and territories, including NSW and Victoria, in setting up an independent commission, Supreme Court justice Stephen Estcourt last month told students at UTAS Law School the state would “no doubt” implement one soon.

“Some other states have what are known as judicial commissions comprising retired judges and other appointed members who deal with complaints against judges and may report to the attorney-general up to and including recommending that parliament should consider removing the judge,” he said.

“We will no doubt have a judicial commission in the not too distant future. I am looking at the various models in other jurisdictions at the moment. I am looking at various models in other jurisdictions at the moment.”

Justice Estcourt said there were mechanisms in place to ensure the judiciary was held to account, but indicated a judicial commission was just around the corner.

“Systems or protocols exist within the court and between the court and the Bar Association and the Law Society where complaints can be made to the Chief Justice about a judge being rude or being too slow, or about sexual harassment or bullying,” he said. “If the complaint is actually about the Chief Justice it is made to the next most senior judge.”

Justice Estcourt’s comments come a couple of years after pressure mounted on parliament to create a commission to end a “culture of secrecy” surrounding how sexual misconduct was dealt with in the state’s legal system.

At the time, Tasmanian Supreme Court justice Gregory Geason had been photographed at a Hobart nightclub hugging a junior female court employee, and had to be counselled by Chief Justice Alan Blow.

Tasmania Women Lawyers said the incident highlighted “the lack of transparent and accountable processes for investigating allegations into judicial misconduct or impropriety”.

“We call upon parliament and the judiciary to implement a judicial commission … this would provide opportunity to restore public faith in the justice system by showing the willingness of the judiciary to be held to the same standards and process for accountability as public servants,” a TWL statement read.

Tasmanian barrister Greg Barnes SC told The Australian a state judicial commission was a “great idea” and that “every jurisdiction should have one”.

“Accountability of the judiciary in a democratic society is important and these commissions can also share an educative role and play a positive role,” he said. “If people do have complaints about judicial officers there ought to be a place for them to take them.”

Mr Barnes, also a spokesman for the Australian Lawyers Alliance, said the size of the jurisdiction was “irrelevant” but he recommended the state consider bringing in outside members to avoid conflicts of interest.

Mr Barnes also said there was “no good policy reason” not to have a federal judicial commission that would govern judges of the Federal Court, because “again, the same criteria applies”.