This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/world/2014/jun/13/queensland-bar-association-chief-resigns-over-chief-justice-appointment

The article has changed 4 times. There is an RSS feed of changes available.

Version 0 Version 1
Queensland Bar Association chief resigns over chief justice appointment Queensland Bar Association chief resigns over chief justice appointment
(35 minutes later)
Queensland's Bar Association president has resigned over the appointment of chief magistrate Tim Carmody to chief justice. The Newman government's appointment of Queensland's next chief justice has caused a major stir in the legal profession, with the state's bar association president resigning in protest at the process.
On Friday Peter Davis sent a resignation letter to members citing concerns about the process that resulted in Carmody's appointment. Tim Carmody, currently chief magistrate, was named by the government on Thursday as the next chief justice of Queensland's supreme court, despite senior members of the legal profession publicly questioning his suitability.
Davis criticised the leaking of confidential discussions between him, the attorney general, Jarrod Bleijie, and one of Bleijie's senior staff about Carmody's possible selection. Queensland's former solicitor general, Walter Sofronoff, QC, and the head of the landmark 1980s corruption inquiry, Tony Fitzgerald QC, had warned against the appointment, but Carmody hit back at the critics and described himself as "fiercely independent".
He also said the president of the Bar Association ought to be involved in the process of appointing judges and he had “no faith in the integrity of the process”. The legal backlash intensified on Friday when the president of the Bar Association of Queensland, Peter Davis QC, announced he was quitting the role as he had "no faith in the integrity of the process".
The premier, Campbell Newman, announced Carmody's appointment as chief justice of the supreme court, replacing Paul de Jersey, on Thursday. "The government has said that they consulted widely on the appointment," Davis wrote in a letter to colleagues, published by the online law journal Justinian.
The appointment was criticised by senior legal figures. "My sense though is that there was little, if any, support for the appointment within the legal profession and little, or none, within the ranks of sitting supreme court judges. Senior figures warned against the appointment and some have spoken out against it since its announcement."
In his resignation letter, Davis said his move should not be taken as a personal criticism of Carmody, but he was concerned with the process of the appointment. In the blistering letter, Davis said his concerns with the appointment process included the leaking of a "distorted" version of what Davis had said at a meeting with the attorney general, Jarrod Bleijie, and a senior government staff member in early June regarding Carmody's potential appointment.
He said details of a confidential 3 June meeting between himself, Bleijie and Bleijie's staffer about the chief justice position were leaked. Davis also detailed text messages allegedly sent by Ryan Haddrick, a barrister who served as Bleijie's interim chief of staff after the 2012 election and then acted as a junior counsel at the government-ordered child protection inquiry headed by Carmody.
Davis said his position was that he “did not urge the appointment of judge Carmody”. “Common sense needs to prevail," Haddrick allegedly wrote in a text message to Mark Plunkett, a Bar Council member, after a meeting to discuss the Carmody issue. "There are two more Supreme Court appointments, three District appointments and about five Magistrates to go this term. I want some of them to be barristers!! and not solicitors!!!"
In a recent conversation with Carmody it was evident the judge had been told “the substance of the confidential conversations”. Davis said Haddrick and Plunkett "then had a telephone conversation in which Haddrick reiterated what he said in the text message and added that the statutory power of the Bar Association to issue practising certificates could be removed".
“The government has said that they consulted widely on the appointment,” Davis wrote. Davis said the attorney general's office assured him "that what Haddrick had said was untrue and not authorised by the government". Davis said he had a conversation with Carmody and “it was evident that the judge had been told the substance of the confidential conversations I had had with the attorney general concerning him”.
“My sense, though, is that there was little, if any, support for the appointment within the legal profession and little, or none, within the ranks of sitting supreme court judges.” Davis said the premier, Campbell Newman, and Bleijie subsequently announced Carmody's appointment "as accurately predicted by Haddrick". Guardian Australia has sought comment from Haddrick but is yet to receive a response.
Davis said the Bar Association, through its president, ought to be involved in appointing judges: “As I have no faith in the integrity of the process, I cannot engage further in it.” "Judge Carmody gave an acceptance speech and answered some questions where, remarkably, his honour thought it necessary to tell the audience gathered that he was independent – something no new judge has ever felt it necessary to do," Davis said.
Davis and Bleijie have been contacted for comment. "Throughout the process, I have attempted to ensure the maintenance of the dignity of the courts and protect, not only the office of chief justice, but also the office of the chief magistrate, and of the courts generally. Of course, it is the institutions which are important, not the personalities.
"The Bar Association ought to be involved in the process of appointment of judges. That is done through the president. As I have no faith in the integrity of the process, I cannot engage further in it. I have concluded, with great regret and sadness, that I ought not continue to hold the office of president.
"I have been honoured to lead you."
Bleijie responded to the letter by declaring he had "not engaged in rumour and innuendo" and did not intend to do so now.
"The government consulted extensively and carefully considered all submissions from the legal profession regarding the appointment of the chief justice and the decision was made with the premier on Wednesday afternoon," Bleijie said.
"I thank Mr Davis for his leadership and counsel and I will continue to consult with the Bar Association and its new president, whoever is appointed."
Sofronoff warned on Tuesday against Carmody's appointment, raising concerns over the chief magistrate's past directions regarding bail in connection with motorcycle gangs and his public comments that appeared to support the Newman government.
"Moreover, as a result of his own actions, Judge Carmody’s appointment from chief magistrate to the highest judicial office in the state may be seen by many reasonable people as a reward for apparent political loyalty rather than on merit and, therefore, as a corrosion of the impartiality and independence of the supreme court and the public’s confidence in it," Sofronoff wrote in the Courier Mail.
The retired supreme court judge Richard Chesterman, QC, agreed with Sofronoff's "compelling reasons why the chief magistrate cannot be appointed chief justice without doing substantial damage to the supreme court and public confidence in good government".
"A judicial officer whose meteoric rise has been associated with public support for a government cannot command the confidence and respect a chief justice must have," Chesterman wrote in a letter to the same newspaper.