Sunday, May 28, 2023

Australian judge apologises after claiming that colleagues are appointed regardless of merit


Too much truth

A federal and family court justice who planned to deliver a speech at an international conference claiming that progressive governments appointed diverse judges regardless of merit has been forced to apologise to his colleagues and told he can no longer attend the conference.

The speech by Justice Joshua Wilson had been uploaded on the court’s website before Justice William Alstergren, the chief justice of the family court and chief judge of the federal circuit court, was alerted to its contents and ordered that it be removed this week.

The speech was dated 17 April, and Wilson planned to deliver it in September at the International Association of Judges annual general meeting in Taiwan.

“Is it correct to say that the brightest and the best are appointed to judicial office, independent of political persuasion? The answer is in the negative in the case of the overwhelming majority of appointments,” Wilson, a division one judge, wrote in the speech.

“It sometimes occurs that a government appoints a person to judicial office who is aligned with the opposite party’s politics. That is a rarity.

“Occasionally, an attorney-general appoints a person as a judge who is wholly apolitical. Again, that is a rarity. Appointment to judicial office is a political activity.”

Wilson went on to say that appointments to state and territory courts were highly political, and that “progressive governments are more likely to appoint to benches based on gender and ethnic diversity, irrespective of merit or expertise”.

Alstergren said in a statement to the Guardian that he was alerted to the paper, which had been uploaded without his knowledge or permission, by a number of judges.

He said Wilson had been planning to attend the conference as a member of the association, not as a representative of the court.

He said that as soon as he was alerted to the paper it was immediately taken down from the website, and that a statement was made to all judges indicating that it did not reflect the views of the courts and that protocols were in place to make sure this could not happen again.

“Further, Justice Wilson will not be providing a paper at this conference nor will he be attending, and I have taken steps to ensure there is no further publication of the paper’s content,” Alstergren said.

“The judge has apologised to the judges of both courts for the comments.

https://www.msn.com/en-au/news/australia/australian-judge-apologises-after-claiming-that-colleagues-are-appointed-regardless-of-merit/ar-AA1bJI0f

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