Lawyer who criticised judge in the clear

WELLINGTON: No further action will be taken against a lawyer who publicly criticised a district court judge, the Law Society has ruled.

Last December, Auckland barrister Catriona MacLennan said it was inappropriate for Judge John BrandtsGiesen to serve on the bench.

Her comments became the subject of an investigation after a member of the public complained.

Judge BrandtsGiesen discharged a Queenstown man without conviction last year after he assaulted his wife, a male friend and his daughter.

When discharging the man, he said the incident was a ‘‘nasty assault’’, but the man’s actions were understandable in the circumstances and ‘‘many people’’ would have done the same.

Ms MacLennan said Judge BrandtsGiesen’s remarks were ‘‘abhorrent’’ and he should not continue to sit as a judge.

The High Court overturned the ruling and the man is due to be resentenced.

Law Society acting executive director Mary Ollivier said the committee ‘‘accepted that lawyers can express their views on the performance of judges but that those comments must be consid ered and not cross a line that could cause the public to lose confidence in the role of the judiciary and the role judges play in the administration of justice.’’

Ms MacLennan had not crossed that line, the committee found.

Her experience as an advocate for domestic violence victims was a factor in the decision, Ms Ollivier said.