THE JUDGES

Evening Post, Volume CVI, Issue 128, 27 November 1923, Page 7

THE JUDGES

METHOD OF SELECTION ATTORNEY-GENERAL AND THE BAB. Several weeks ago a resolution passed by the council of the Wellington District Law Society in regard to the appointment of Judges of the Supreme Court was forwarded to the Attorney-General, Sir Francis Bell. The resolution expressed the opinion-of the council that all appointments to the Supreme Court Bench, including that of the Chief Justice, should, in the public interest, be filled from the actively-practising Bar." In a covering letter, the president of tha Wellington Law Society"stated that the resolution had been forwarded to the other law societies throughout the Dominion, and that 1325 practising solicitors m Auckland, Canterbury, Gisborne, Hamilton, Hawkes.Bay; Nelson, Taranaki, Wanganui, and Marlborough had. given their unqualified approval to the ■ resolution. The opinions of other soci- \ ehes were indicated, concluding with the i statement that the Law Society ofj Southland, representing only 42 practis-. ing solicitors, was the only dissenting' voice. . ;

■ Replying to the society's letter, the! Attorney-General.(Sir Francis Bell) stat-' ed that he was always glad to have the' views of the profession on such matters,' and that h e appreciated that, under the present ch-cumstaiices, such views were' more conveniently expressed by the various district law . societies than through ■ the _ council of the New. Zealand Law; Society.- In those circumstances he ac-,; cepted the society's letter as properly j expressing the opinion of the profession: in New Zealand. "I regret, however,"' he stated, "that I cannot concur that' any such definite rule should be accept.' cd. as obligatory upon myself ac Attor-! ney-Gerieral or upon the Government, '> which has the responsibility of appoint- j ment of members of the Bar to the New I Zealand Bench.- I doubt if the preies- i sion would desire that there should baj no exception to the rule 1 which they them- j selves propound. ..." "I must not be understood to mean,"' said Sir Francis Bell in conclusion,, "that it is not in general the better course to select from the.Bar rather than: from the Bench; but I am bound in my present responsible office to decline to 1 accept for the guidance of the Govern-' ment of New Zealand a hard-and-fast' rule founded on an absolute principle, and to state frankly to the profession that the only rule which the present At-' torney-General can accept is that tha man (having the statutory qualifications) who in the opinion of the Government of ■ the Day is the-best fitted for a place on, the Bench, or to preside over the Bench, should be appointed whenever a yacancv occurs, and that it is the duty- of tb'a Government to ignore all other considerations." , .

It will be noted that the original letter of the Wellington Law Society .embodied its resolution and conveyed to the Attorney-General the views (where expressed) of all the other Law Societies of the Dominion. To that letter '■ tha Attorney-General sent a considered reply. .On Saturday last a further communication was forwarded, to the Attorney-General in which the council of the local law society adhered'to the principle embodied in its -original letter, and supported its contention with further facts and arguments. ~: "; To this letter Sir Francis' Bell'- has sent an acknowledgment, and it is .understood that as the last letter comes from one society only, the Attorney-Gen-eral holds that it is not necessary to continue the correspondence.