Criticism of judges acceptable

WELLINGTON: Lawyers are free to criticise and speak out on judges’ decisions providing it does not undermine public confidence in the judicial system, New Zealand Law Society president Kathryn Beck says.

The law society has spoken about the comments lawyers can make on the judiciary and its investigation processes after lawyer Catriona MacLennan revealed she was being investigated by its national standards committee for criticising a Queenstown judge last year.

But Ms Beck said the implication lawyers could not criticise the judiciary was incorrect.

‘‘New Zealand has a free and open system of justice and it is one in which anyone — including lawyers and legal commentators — is able to scrutinise and comment on judicial decisions.’’

However, the comments should be expressed in a reasoned and objective manner and not be personal, she said.

‘‘It should not be destructive or undermine the operation of the court.’’

Under the Lawyers and Conveyancers Act, the society could not disclose any information about particular investigations or even confirm whether one was happening.

It also had a policy not to reveal any of the members of its standards committees.

However, seven of the nine members on the committee understood to be investigating Ms MacLennan’s conduct are lawyers.

Society acting executive director Mary Ollivier said standards committees could decide at any time during the investigation process to make a ‘‘no further action’’ finding, which was a way of saying the lawyer had not breached their professional obligations.

At the weekend, High Court lawyer Benedict Tompkins called on the society to remove the members of the standards committee for allowing what he described as a ‘‘repugnant’’ investigation into Ms MacLennan.

Ms MacLennan, who specialises in domestic violence law, said she was being investigated after calling for Judge John BrandtsGiesen to be sacked for his comments during a domestic violence sentencing last year.

Judge BrandtsGiesen discharged the man without conviction after he was found guilty of assaulting his wife, children and a friend and said: ‘‘There would be many people who would have done exactly what you did, even though it may be against the law to do so.’’ — NZME