SUPREME COURT BENCH

Evening Post, Volume CVI, Issue 116, 13 November 1923, Page 10

SUPREME COURT BENCH

OF JUDGES

METHOD OF FILLING POSITIONS

"kTTORNEY-GENERAL AND BAR.

»"J "In the emphatic opinion of the coun*al all appointments to the Supreme •Gourt Bench, including that of the Chief \Justice, should, in the public interest, be filled from the actively-practising Bar."

r; A resolution in these words has been 'unanimously passed by the council of She Wellington District Law Society «id forwarded to the Attorney-General. 'Jn a covering letter the president, Mr. t W. Perry, stated that societies representing 1325 practising solicitors in •Auckland,- Ganterbury, Gisborne, Hamifton, Hawkes Bay, Nelson, Taranaki, Wanganui, and Marlborough had given their unqualified approval to the resolution. The Otago Society, representing 110 solicitors, agreed to limiting the selection to the practising Bar, and aflded that it understood that the expression "practising solicitor" included the occupants of the office of AttorneyGeneral or Solicitor-General. It expressed no opinion on the question of (ftppointing the Chief Justice from among the puisne Judges. The Auckland Society^ specially added to its resolution of approval' a further intimation that it considered that the present Bystem tinder .which a Judge when once appointed to the Supreme Court Bench jwas-free from fear or favour should be continued. The Southland Society said that, in the absence of any explanation, it saw. no reason in supporting the resolution. Representing only 42 practising solicitors, Southland was the only dissenting voice.

i'SANCTITY OF ADMINISTRATION

OF JUSTICE."

"My society," said Mr. Perry, '"looks on the question of judicial appointments as a matter of supreme' imPprtance, not only to the public, but in a^ lesser degree to those whose business; it is to conduct public business before the Bench. It will be observed that- the resolution, approved as it has been by an overwhelming majority of those bodies peculiarly fitted to .express ah opinion on this subject, covers not only appointments to puisne Judgeships, but also appointments of Chief Justice; and the resolution, representing as it- does a carefully-weighed opinion, embodies the view that from a public !goint of view any question of promotion of puisne Judges to Chief Justice would, in the .opinion of the law societies, not be free from peril to the sanctity of the administration of justice and the prestige of the Supreme Court Bench."

-..ATTORNEY-GENERAL'S REPLY. to the society's letter, tha lAttorney-Qeneral (Sir Francis Bell) states that he is always glad to have the views of the. profession on such matters, aftd that' he appreciates that, under the present circumstances, such views are more convenient-' expressed by the various district law societies than through the Council of the New Zealand Law Society. In those circumstances he ac r cepts the society's letter as properly expressing the opinion of the profession in New.'.'Zealand. "I regret, however," he states, "that I cannot concur that any suclr_definite rule should be accepted as obligatory" upon myself as Attorney-Gen-jeraUor upon the. Government, which has the of appointment of Members of the Bar to the New Zealand Bench; I doubt if the profession would desire .that there should be no exception to tlie- rule which they, themselves propound.' For example, that rule would Jiave prohibited the appointment of- Mr. Justice Williams to tlie. Bench in 1874, for Mr. Justice Williams, for some time •antecedent to his appointment, had ceased tobe a practising member of the Bar. end.',Keld the office of Registrar-General pf Larfds.

-•THE CHIEF JUSTICESHIP.

'W;?111 regard to the appointment to the .great office of Chief Justice of New Zealand, I am sure the profession shares -with -me the hope that such an appointment may not come into consideration •until,:a long time from the present has elapsed, and ■ therefore that the general principle may be now considered impartially and without reference to existing conditions. With all respect I cannot accept the principle which tho profession Eupports in your letter. It will be the duty'of the Government in power whenever, that great-Office is vacant to offer the appointment to the man who in its opinion, is best fitted to preside over.the'Bench'and to hold the dormant commission of the Governoil-Generalship whether that man be a practising barrister or already a member of the Bench lour society's contention that a Jud"e' once appointed to the Bench, should have no possible expectation of ■ advancement •by the advice of the Government to the Crown, is one which has long, ceased to he recognised in England, and has not been adopted m.New Zealand. 'In Enctl n r°l many years past the faster of off? r who Pre A sl'des in the Division of the Court of Appeal which deal.with equity appeals, has been 'filled by the ■advancement of a puisne Judge to the position. ..Lords Justices and Lords of Appeal, are now hy common practice selected-from the puisne Judges. In New.Zealand two appointments to the invy Council..have been made on the recommendation, of the New Zealand government—a grent advancement which it might well be always the ambition of a Judge to attain. Knighthoods are also confewed.on the recommendation of the JNew Zealand-Government.. «,M £" St 'v mt -b6 ""derefood to mean" couistfo ISI "? t m general the better WtK ?°i irT the Bar riltll°l- thmi cent f office to decline to acof PN^v 'z'T"i Bnce, of the Government founVeTon^'n 1- * hard-?"df ™& oni^rulf^t^-^^ jam Government to ignore all other infidel!