Behind Closed Doors – Judicial Shenanigans

Posted on | June 15, 2009 | No Comments

The Guardian has lost in it’s attempt to secure details of the identities of Judges found guilty of misconduct or who have been reprimanded. I think maybe I’m missing something because my response to this was a bemused ‘hunh?’.

.

The Information Tribunal making the decision apparently cited the example of a very senior judge who was reprimanded by the LCJ and said that if barristers had known about the behaviour which had led to the reprimand, they would have used the information to try and get an adjournment of the hearings or ‘in some cases an application that the judge in question not hear the particular case’. No doubt they would. The Tribunal goes on to say that ‘this clearly has adverse implications for the public and for the administration of justice generally’. Riiiigggghhhht.

.

No, I’m not getting it. As far as I can see it all rather begs the question ‘Why the hell shouldn’t counsel be able to ask a judge to recuse himself if he has engaged in relevant misconduct?’, and I rather think that the decision to keep such matters secret when they plainly hold a legitimate public interest is far more likely to have adverse implications for the public and for the administration of justice than the suppression of such information simply in order to avoid administrative inconvenience or embarrassment. The new fashion for transparency and the principle of open justice clearly only goes so far.

Or am I getting this wrong?

Be Sociable, Share!
Category: cases, legal news
Tags: > > >

Comments

Leave a Reply





  • About

    A blog in which I ricochet from too serious to too flippant, and alternate between a bit clever, a bit interesting and a bit ranty: Pink Tape neatly functions as both a blog about family law and a therapeutic escape valve for me. >>more




  • Advertisements

    Help Bailii Raise Funds

    5% of all advertising revenue from this blog will be donated via gift aid to BAILII. They desperately need funds, and blogs like this need BAILII, so please click on the logo above to make a donation to them yourself if you are able.



  • Other Ads

    Find solicitors and lawyers at Solicitors.com

    Darbys Medical Negligence Solicitors provide specialist legal advice & support in fatal accident claims.

    Hurt in an accident which wasn't your fault? Injury Claims can help you with no win no fee accident claims today.

    Medical Negligence solicitors in Manchester and London

    Looking for family solicitors? Get in touch with us for the best family law advice.

    Stephens Scown
    Family Solicitors Exeter

  • Latest Family Decisions from BAILII

    High Court and County Court

  • Other bits