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Tim Carmody can't demand reform as part of his severance package Tim Carmody can't demand reform as part of his severance package
(about 3 hours later)
Sir Joh Bjelke-Petersen famously had some difficulty explaining the concept of the separation of powers. Perhaps he could be forgiven, as the Westminster maxim was all too often belied by practice in the Sunshine State. Sir Joh Bjelke-Petersen famously had some difficulty explaining the concept of the separation of powers. Perhaps he could be forgiven, as the Westminster maxim was all too often belied by practice in the sunshine state.
The upper house of parliament, an unelected rump, was swamped by a Labor “suicide squad” in 1922 and abolished. Parliament was too often supine to the might of the Executive, with governments routinely enjoying large majorities and mechanisms of accountability weak. The upper house of parliament, an unelected rump, was swamped by a Labor “suicide squad” in 1922 and abolished. Parliament was too often supine to the might of the executive, with governments routinely enjoying large majorities and mechanisms of accountability weak.
Related: Will Tim Carmody keep his promise to leave? | Richard AcklandRelated: Will Tim Carmody keep his promise to leave? | Richard Ackland
Judges were sometimes grace and favour appointments of the premier, and the police force politicised. In 1982, there was almost a Cabinet revolt as Liberals dissented from Joh’s nominee for chief justice. All this was meant to change with the Fitzgerald Inquiry. Judges were sometimes grace and favour appointments of the premier, and the police force politicised. In 1982 there was almost a cabinet revolt as Liberals dissented from Joh’s nominee for chief justice. All this was meant to change with the Fitzgerald inquiry.
The embattled chief justice of Queensland, Tim Carmody, may or may not be a student of history, but his current conduct shows that he has learned little about the separation of powers. Carmody, appointed by former LNP premier Campbell Newman after eight months as chief magistrate, had his installation ceremony boycotted by fellow Judges. The embattled chief justice of Queensland, Tim Carmody, may or may not be a student of history, but his current conduct shows that he has learned little about the separation of powers. Carmody, appointed by the former LNP premier, Campbell Newman, after eight months as chief magistrate, had his installation ceremony boycotted by fellow judges.
Carmody sparked a brouhaha with the Bar Association, whose protests against his appointment were loud and long. His term as Chief Justice has hardly been quiet, with questions raised about his workload, his impartiality and his demeanour towards colleagues. Carmody sparked a brouhaha with the Bar Association, whose protests against his appointment were loud and long. His term as chief justice has hardly been quiet, with questions raised about his workload, his impartiality and his demeanour towards colleagues.
Most recently, the appeal against the sentence of Daniel Morcombe’s murderer, Brett Cowan, descended into farce – with Carmody delaying writing a judgement amid claims of bias, because he had met with campaigner Hetty Johnson, whose views on Brett Peter Cowan’s sentence were no secret. The president of the court of appeal, Margaret McMurdo, has refused to sit with the chief justice on any bench. Most recently, the appeal against the sentence of Daniel Morcombe’s murderer, Brett Cowan, descended into farce – with Carmody delaying writing a judgment amid claims of bias, because he had met with campaigner Hetty Johnson, whose views on Brett Peter Cowan’s sentence were no secret. The president of the court of appeal, Margaret McMurdo, has refused to sit with the chief justice on any bench.
Now Carmody is offering to resign, but with strings attached.Now Carmody is offering to resign, but with strings attached.
Aside from the question of a judicial pension for which he has not yet qualified, Carmody is calling for a Judicial Commission to be established, to “modernise” the courts. The equivalent body in New South Wales seeks to ensure “consistency in sentencing”, provides continuing professional education for Judges and deals with “complaints against judicial officers”. Aside from the question of a judicial pension for which he has not yet qualified, Carmody is calling for a judicial Commission to be established, to “modernise” the courts. The equivalent body in New South Wales seeks to ensure “consistency in sentencing”, provides continuing professional education for Judges and deals with “complaints against judicial officers”.
University of Queensland law professor Graeme Orr has described the Carmody kerfuffle as revealing the “ugly side” of the state’s “conservative establishment”. It’s possible to feel sorry for Carmody, as despite what appears to many to be his incapacity to fill the role he plays, he has been subjected to public vilification by colleagues, and, reportedly, has had to endure colleagues snubbing him in the corridors of the court.University of Queensland law professor Graeme Orr has described the Carmody kerfuffle as revealing the “ugly side” of the state’s “conservative establishment”. It’s possible to feel sorry for Carmody, as despite what appears to many to be his incapacity to fill the role he plays, he has been subjected to public vilification by colleagues, and, reportedly, has had to endure colleagues snubbing him in the corridors of the court.
Certainly, his story makes a powerful case that reform of the judiciary is necessary and urgent. If there is a toxic or problematic culture within the state’s highest court, though, it is not up to Carmody to demand its reform as part of negotiations for his severance package.Certainly, his story makes a powerful case that reform of the judiciary is necessary and urgent. If there is a toxic or problematic culture within the state’s highest court, though, it is not up to Carmody to demand its reform as part of negotiations for his severance package.
Orr points out that it is illegal for inducements to be offered to a judge to leave office. More crucially, by his very public demands, Carmody is usurping the role of the Executive. It is up to the attorney general and Cabinet to consult over the future of the judiciary, to enunciate plans for its reform and better administration and for parliament to legislate should that be required. Orr points out that it is illegal for inducements to be offered to a judge to leave office. More crucially, by his very public demands, Carmody is usurping the role of the executive. It is up to the attorney general and cabinet to consult over the future of the judiciary, to enunciate plans for its reform and better administration and for parliament to legislate should that be required.
Carmody is painting himself as a champion of reform and modernisation. Whatever his intentions, and whatever the merits of his proposals, it is not up to Carmody to fix the courts. It’s up to attorney general Yvette D’Ath, the Annastacia Palaszczuk government, and the parliament of Queensland. Carmody is painting himself as a champion of reform and modernisation. Whatever his intentions, and whatever the merits of his proposals, it is not up to Carmody to fix the courts. It’s up to the attorney general, Yvette D’Ath, the Annastacia Palaszczuk government, and the parliament of Queensland.
Carmody’s bluster shows that he fails to grasp the separation of powers. In acting as he is now, he is the problem, not its solution.Carmody’s bluster shows that he fails to grasp the separation of powers. In acting as he is now, he is the problem, not its solution.
The best thing he can now do for the people of Queensland, who deserve judicial and political institutions they can trust, is just to walk. There would be some grace in an unconditional resignation. There is none in the sorts of public demands that are now being articulated.The best thing he can now do for the people of Queensland, who deserve judicial and political institutions they can trust, is just to walk. There would be some grace in an unconditional resignation. There is none in the sorts of public demands that are now being articulated.