In the current issue of the Melbourne University Law Review (Volume 38(1)), Dr Gabrielle Appleby and Dr Suzanne Le Mire examine the issue of judicial conduct. The following is the abstract of the article:
Judges are human. It is their humanity that allows them to pass judgement on the complexities of fact and law in cases before them. However, their humanity also means they are subject to the usual gamut of human frailties. Problematic judicial conduct remains rare in Australia. However, failing to acknowledge and address it has the potential to damage the integrity of the courts and undermine the ability of individual judges to fulfil the judicial function. In this article we examine the requirements for a ‘good’ complaints system through a comparative analysis of systems operating in Australia and overseas. We proffer an alternative system for Australia, tailored to fit within our constitutional constraints whilst promoting the institutional integrity of the judiciary.
The full article is available here.