AN INDEPENDENT MAGISTRACY.

Lyttelton Times, Volume CV, Issue 12397, 10 January 1901, Page 4

AN INDEPENDENT MAGISTRACY.

The question of the appointment of magistrates and district court judges, raised at the Conference of Chambers of Commerce yesterday, is one of very real importance. Mr Griffiths’s motion is an elaboration of the resolutions carried: by the Legislative Council in 1894, affirming the necessity, in the interests of the “impartial and fearless administration of justice,” of removing magistrates altogether from the control of the Government. At present, stipendiary magistrates hold their appointments “ during the pleasure of the Executive,” and although it would be difficult to find an instance, in recent years, of Government interference with the magistracy, it is certainly desirable that the judicial Bench should be entirely removed from all possibility of such interference. The effect of the reform advocated by Mr Griffiths would be to place stipendiary magistrates and district court judges on the same footing as Supreme Court judges as regards their tenure of office. When the Conference is. discussing the motion to-day it ,might very well consider whether the colony is obtaining the services c.f the best men available as magistrates. When the last batch of appointments was made we pointed) out that it was extremely dangerous to fill vacancies on the magisterial Bench from tire ranks of clerks of courts. A magistrate should always be a trained lawyer, and though it does not follow that a good bairrMer would make a good judge, it is essential that a magistrate should have an extensive knowledge of law. We demand special, qualifications from our Supreme Court judges, and yet the decisions of district judges and stipendiary magistrates affect a far greater proportion of the community than do those of the Supreme Court Bend]. It must not be supposed that, in advocating these reforms, we are implying that justice is not impartially and fairly administered at present; but the decisions .of magistrates should be hot. only free from partiality, but.also, free from the appearance or suspicion of partiality. These officers of the colony should feel that they are independent of all Governments, however corrupt, and they should hold office, nob at the will of the Department of Justice, but by the direct authority of Parliament.