New Magistrate Appointments and Supreme Court Justice in QLD

Monday 23 June 2014 @ 12.54 p.m. | Legal Research

There has been much movement with the appointment of a new Supreme Court Justice in QLD causing controversy both with the QLD Bar Association and also new Chief Magistrate and Deputy Chief Magistrate appointments.

New Supreme Court Justice

On 12 June 2014, it was announced that there was the appointment of Queensland’s eighteenth Chief Justice, The Honourable Tim Carmody.

Attorney-General and Minister for Justice Jarrod Bleijie said:

“Judge Carmody’s professional and life experience is both distinguished and diverse...His Honour has the keen legal knowledge, administrative skills and integrity that are essential qualities for the role of Chief Justice.”

Judge Tim Carmody said he was honoured and humbled to accept the appointment:

“Fair, objective and independent justice is an integral part of the time tested foundation of our democracy and I will do my utmost to perform the duties of this high office in a progressive manner, while ensuring that foundation remains rock solid...The Chief Justice’s prime responsibility is to the rule of law and maintaining community confidence in the administration of the justice within the State. He is the guardian of the defining legal and justice values of our democratic society and I will work hard every day to prove worthy of the public’s trust in me."

Outgoing Chief Justice, Paul de Jersey, will become Queensland’s Governor next month. Judge Carmody's appointment will begin on 8 July 2014 after approval from the Governor in Council on 19 June 2014.

QLD Bar Association Head Quits in Protest

Peter Davis QC stepped down as Bar Association president on 13 June 2014, the day after Judge Carmody’s appointment, stating he had lost faith in the integrity of the process of appointing judges, in particular, citing in his resignation letter that the alleged leaking of confidential conversations he had with Queensland Attorney-General Jarrod Bleijie and one of his senior staff about Carmody’s potential promotion was one of the reasons he was resigning.

Davis is also quoted by Lawyer's Weekly as saying there “was little, if any, support for [Carmody’s] appointment within the legal profession and little, or none, within the ranks of sitting Supreme Court judges”.

On the 14 June 2014, ABA president Mark Livesey QC went so far as to question whether the Attorney-General should stand down.

“If confidentiality in the judicial appointment process cannot be assured he [Bleijie] must reconsider whether he can continue in his position."

On 16 June 2014, Michael Colbran QC, head of the Law Council of Australia, also commented on the issue. He argued that “the whole community is diminished if there is a credible suggestion that any judicial appointment is not free of political taint”.

Appointment of Chief Magistrate

On 19 June 2014, a new Chief Magistrate was appointed to replace Judge Carmody, with both the new Chief Magistrate and Deputy Chief Magistrate beginning their roles also on 8 July 2014.

Chief magistrate Ray Rinaudo has been a magistrate in Queensland for nine years served as Queensland Law Society President from 1991 to 1992, and has previously been serving as the Deputy Chief Magistrate.

Attorney-General and Minister for Justice Jarrod Bleijie has said:

"Rinaudo has a distinguished record of legal and administrative accomplishment, making him ideal for this important and challenging role..Queensland’s Magistrates Court deals with around 200,000 defendants a year and it has the highest number of criminal lodgements in the country..His Honour has the fine legal mind, administrative skills and experience necessary to ensure Queenslanders have access to fair and efficient justice."

In the role of Deputy Chief Magistrate, Magistrate Leanne O'Shea, currently the magistrate of the Children’s Court in Brisbane, has been appointed. She has also held the role of president of the Women Lawyers Association of Queensland.

Attorney-General and Minister for Justice Jarrod Bleijie has said:

"As Brisbane’s Childrens Court Magistrate, Her Honour provided jurisdictional leadership to other Magistrates in the difficult area of juvenile justice and child protection...Magistrate O’Shea has more than 30 years’ legal experience, including two decades in private practice specialising in family law and child protection...Her experience and leadership will be very welcome in this diverse and busy jurisdiction."

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