Fallout from Carmody CJ's missive to the Queensland legal trade ... Failure to nail the criticism ... Bar straddling a barbed wire fence
Carmody CJ's nickname around the QE11 Cauldron and environs is "Bluto". In turn, he calls his colleagues "snakes and scum".
Things are pretty rosy at the the Qld Supremes and the CJ's letter to the troops on the weekend (March 29) hasn't improved things.
Bluto was Popeye's antagonist and rival for the affections of Olive Oyl. While Popeye achieved stunning success with the assistance of spinach, Bluto resorted to a combination of brawn and cunning.
You have to admit there's an uncanny likeness between chief justice Carmody and Bluto. I wonder if, by any chance, they are related.
Thursday's farewell speech (March 26) from Justice Alan Wilson seems to have hardened Bluto's resolve. He's switched from saying that he would go if he thought he was causing damage to the CJ "brand", now to saying: "I have absolutely no intention of breaking my oath and vacating the office of chief justice."
The Bowen Hills Bugle and its online commentators cheered him on with some eye-popping assertions:
- All judges went to private schools except for Carmody (this is actually untrue - Carmody went to a private school and at least 10 of the Qld Supreme Court judges did not);
- All judges except for Carmody are fat cats sucking off the public purse while residing in an ivory tower with the other elites in their club;
- While sucking off the public purse, all judges except for Carmody ("mostly" Labor appointees) make decisions according to their their socialist agenda and "refuse to enforce the law";
- All judges except for Carmody should be sacked;
- Who is Alan Wilson anyway? What would he know? He doesn't have any evidence for what he says;
- Why should Carmody hear cases when he knows the other bullies on the court will just overturn his decisions?
In summary, according to readers of the Bowen Hills Bugle, the only judge worth having on the court, is the only judge who doesn't do much judicial work.
The Bugle also claimed:
"Supporters, including several academics who taught Carmody law ... said the former Family Court judge should stay put."
Goodness knows the identity of these unnamed academics (assuming they exist) who are proud of their former student's legal ability. Maybe they only expressed their support on condition of strict anonymity.
Readers of Carmody's letter to the bar and the conveyancers' association were also startled to discover that the CJ prefers the vexing matters concerning his leadership of the Supreme Court to be "discussed and resolved internally".
"I do not think it fitting for a judge, any judge, to respond to these kinds of public character assessments."
This is the same chief justice who has used the compliant hacks at The Bugle and other of Lord Moloch's tissues as part of his PR campaign to bolster his tenuous position.
His letter to the profession completely ignored Alan Wilson's concerns about his attempt to sack Justice John Byrne as the senior judge administrator.
On the even more serious issue of his attempted meddling with the selection of a judge to sit as the Court of Disputed Returns, Bluto's explanation was far from complete or satisfactory.
He was certainly indignant: "This is a gross and offensive slur on my professional integrity."
He went on:
"By s.137 of the Electoral Act, the Queensland Legislature has specifically vested the power and responsibility for constituting the Court of Disputed Returns in the Chief Justice. Since a judge's meeting [sic] in 1995 it has been a practice that two judges are appointed for 12 months in advance, in order of seniority. This practice is convenient in most situations in most years, but is subordinate to the Electoral Act requirements and must yield to the circumstances of the day.
A primary purpose of the appointment is to ensure the appearance of neutrality. It will not always do that.
Before automatically following a practice or convention, I felt obliged by the words of the legislation to exercise my independent judgment (as is impliedly required by the legislation) and ensure that there was no impediment to the appointment of a judge to hear any such disputed return. Throughout I took advice and counsel from other chief justices. I made my appointment in line with the practice on 13 February 2015."
This doesn't adequately address the issue that Alan Wilson posed in his farewell address to the Supreme Court. Just so we know the gaping holes that have not been responded to, here's what Wilson said on March 26:
"The Supreme Court has for many years had a very sensible protocol which annually appoints judges to [the Court of Disputed Returns] in strict order of seniority, to ensure there can never be any suggestion of political influence or motive in the appointment.
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."
So, what were Bluto's "unresolved concerns", how were they resolved, what impediment affected the nominated judge, why wasn't the protocol "convenient" in this situation? All questions tantalisingly unanswered.
Surely, he needs to nail this down, otherwise there's lingering conjecture about his "professional integrity".
The nominated judge for the CDR was David Boddice. There is an unconfirmed rumour that he once gave advice to the Labor Party and that the CJ wanted to find out more and to what extent he was or wasn't disposed to the ALP.
This is in the context that Carmody's sponsors were the Liberal National Party, for whom he had made supportive noises as chief magistrate, particularly in favour of the Newman government's Lawn Order agenda.
Bluto wrapped up his missive to his constituents saying:
"Professional respect is a two way street. I accept that. I accept there is more that I can do to foster a culture of mutual respect and professionalism. That was the purpose intended by my remarks at the 2014 Christmas greetings.
I recommit myself to the execution of this office with grace, dignity and most importantly, according to the oath that I have taken to all Queenslanders."
There's not much anyone can do about a judicial appointee who is not liked, or who comes from outside the club, or is not a "team player".
The crucial thing is whether anyone who is appointed a judge can competently undertake judicial work. It's a real problem if they're squibbing the work load and, when they do work, their reasoning is skew-whiff.
The problem becomes a calamity if that person is supposed to lead the court as the first among equals.
See: CJ's letter to the BAQ
See: Snakes and scum
See: CJ of Qld - addressing the dilemma
See: Qld CJ leaps to his own defence
* * *
Shane Doyle - bar president grappling with "issues"
ON Monday (March 30) BAQ prez Shane Doyle issued a media release saying that "important matters of concern" are affecting the functioning of the Supreme Court and they need to be addressed "very soon".
"The bar association (through the vice-president and me) is attempting to fully understand the circumstances which give rise to the present issues, and will seek to contribute to a mature and constructive resolution of those issues in whatever way is possible."
After nine months, the bar recognises there are "issues".
This was a follow-up to Doyle's missive to members on Friday (March 27) in which he said the BAQ "publicly and unequivocally supports the Supreme Court of Queensland in the continuing proper discharge of its important functions".
The bar has not distributed to members copies of the speech last Wednesday (March 26) by former president Peter Davis, who roundly criticised the bar council's supine posture to Carmody's elevation.
Nor did it distribute Alan Wilson's fiery farewell speech.
On the other hand, it makes vacuous sounds, which could have been drafted by Sergeant Schultz, that it supports the court and is trying to fully understand what's going on.
What the bar has failed to do is articulate clearly where it stands. Does it support a CJ who doesn't have the respect of the judges and can't adequately fulfil judicial functions - or not?
See: Peter Davis' speech
See: BAQ supports the Supreme Court
See: BAQ seeks to understand