ANALYSIS: Did Justice Geason break the rules?
A recently instated judicial guide deals with conduct in relation to personal relationships and social activities with a list of duties and expectations for judges, but did Justice Gregory Geason break the rules?
Tasmania
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JUDGES and magistrates are expected to comply with guidelines published on behalf of the Council of Chief Justices of Australia and New Zealand by the Australian Institute of Judicial Administration.
In August 2020, following revelations of sexual harassment at the hands of High Court Judge Dyson Heydon, The Tasmanian Supreme Court adopted new protocol in the form of the Guide to Judicial Conduct (Third Edition).
Protocols highlighted within relating to judicial misconduct which, among other things, focuses on protecting the health and wellbeing of staff.
The guide deals with conduct in relation to personal relationships and social activities and makes the following relevant points:
- A judge has a duty to uphold the status and reputation of the judiciary.
- A judge has a duty to avoid conduct that diminishes public confidence in, and respect for, the judicial office.
- A judge should exercise discretion in personal relationships.
- Judges have to accept that the nature of their office exposes them to considerable scrutiny and constraints on their behaviour that other people may not experience.
- The public expects that a judge will be especially vigilant in observing appropriate standards of conduct, both publicly and privately.
According to the Supreme Court of Tasmania, Justice Gregory Geason who was witnessed kissing his associate at a nightclub on the night of January 29, demonstrated “inappropriate conduct”.
A statement from the court said the intimate moment between the Tasmanian Supreme Court Justice and his Associate was fleeting in nature and not apart of an ongoing relationship.
The Supreme Court told the Mercury that any counselling or disciplinary procedures of a staff member, in this case the Associate, would be conducted confidentially.
It is not suggested that the Justice Geason situation is comparable to the Heydon case.
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