Queensland Chief Justice Tim Carmody roundly condemned by retiring Supreme Court justice

Extract from ABC News

By Matt Eaton and staff

Updated 7 minutes ago

 

Photo: Chief Justice Tim Carmody had referred to judges as "snakes" and "scum", said Justice Wilson. (AAP)

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Map: Brisbane 4000

Retiring Queensland Justice Alan Wilson has condemned as a failed experiment the controversial appointment of Tim Carmody as Chief Justice, saying it had caused a "serious loss of morale" among judges.

In a speech delivered in the Banco Court in Brisbane on Thursday morning, Justice Wilson of the Supreme Court said he had agonised over making the remarks but felt driven to speak out.
"I hear judges at all levels of seniority, including quite young ones, speaking seriously of resignation. The problem is bad and, in my view, getting worse," Justice Wilson said.
"That is why I am driven to say something."
Former attorney-general Jarrod Bleijie appointed Justice Carmody to the position last year, controversially elevating him from his position as chief magistrate.
The move immediately prompted broad condemnation from within Queensland legal circles.

'He has withdrawn himself from all published court calendars, so nobody knows when or whether he intends sitting again.

Justice Alan Wilson'

On Thursday, Justice Wilson accused Justice Carmody of "hypocrisy" and cited several reasons for ongoing tensions among the Queensland judiciary.
He condemned Justice Carmody's decision to remove himself from all trial division sittings in Brisbane.
"Traditionally, what judges do is sit in courts and hear and decide cases. The Chief Justice has not sat in an actual hearing since 15 February this year," Justice Wilson said.
"He has withdrawn himself from all published court calendars, so nobody knows when or whether he intends sitting again.
"The notion that there is scope for some kind of full-time public relations role for a head of jurisdiction, and little more, is surprising.
"So is the idea that judge work takes second place, and must give way to these kinds of events – which other judges do almost every day, but outside court sitting hours."

Carmody rejects attack on his 'integrity and performance'

Chief Justice Carmody, in a statement issued on Thursday evening, rejected the "unfortunate remarks" made by Justice Wilson.
"I am disappointed that he would use such an occasion to embroil the court in more controversy," he said in the statement.

 

Photo: Retiring Supreme Court Justice Alan Wilson said he was driven to speak out against the Chief Justice. (Supplied: National Judicial College of Australia)

"I reject outright his attack on my integrity and performance as Chief Justice.
"His behaviour is the best argument yet for an independent judicial commission.
"I will not be making any further comment at this time."
Justice Wilson also criticised the recent sacking of Justice John Byrne as senior judge administrator.
"Finally it will be recalled that the Chief Justice, in his public remarks last Christmas, urged the judges to maintain civility and courtesy; but he has on different occasions referred to us collectively as 'snakes', and 'scum'," he said.
"Both the remarks, and this kind of hypocrisy, have a devastating effect on morale.
"They will strive to continue to serve with the sense of duty, the diligence, the high ability – and the independence – that they have maintained through the current troubles.
"But the natural feelings of discouragement created by things like these, and being publicly represented by a Chief Justice for whom most now lack all respect, is beginning to tell."

'Judges worried' about dealings with Court of Disputed Returns

Justice Wilson also questioned Justice Carmody's dealings with the Court of Disputed Returns amid a possible legal challenge to the result in the Brisbane seat of Ferny Grove shortly after the January 31 state election.
"The Supreme Court has for many years had a very sensible protocol which annually appoints judges to that court in strict order of seniority, to ensure there can never be any suggestion of political influence or motive in the appointment," Justice Wilson said.

'Sadly, the arrogance extremism and betrayal of the LNP still has ramifications in the legal profession today.

Attorney-General Yvette D'Ath'

"In the teeth of a possible contest about the outcome of the election in Ferny Grove, the Chief Justice's initial attempt to contest the automatic operation of that protocol and, then, his attempts to speak privately with the next nominated judge to that position about what he described in a memorandum as 'unresolved concerns' was rightly resisted by the judge, and unanimously condemned by the judges.
"The Chief Justice did, eventually, appoint the judge nominated under the protocol. It was the preceding events which caused the judges so much worry."
State Attorney-General Yvette D'Ath said Justice Wilson's comments showed the former government's decisions had an ongoing impact.

"Sadly, the arrogance extremism and betrayal of the LNP still has ramifications in the legal profession today," she said.