Judicial Conduct Panel to be appointed

Paul Goldsmith announced:

A Judicial Conduct Panel will inquire into and report on the alleged conduct of acting District Court Judge Ema Aitken, Acting Attorney-General Paul Goldsmith says.

“Judge Aitken’s alleged conduct at the Northern Club on 22 November 2024 was the subject of a preliminary examination by the Judicial Conduct Commissioner.

“The Commissioner recommended a Panel be set up to inquire into what happened. I have accepted that recommendation.

This is no surprise. It would be almost improper for the Acting AG to substitute his opinion for that of the Judicial Conduct Commissioner.

The Panel will have three members. The composition is:

• 1 or 2 judges or former judges
• 0 or 1 lawyer who is not a judge or former judge (depending on if two or one judges are appointed)
• 1 lay person

It will be chaired be a retired judge or a judge.

The Panel has the powers of a commission of inquiry and can inquire into not just the matter referred to it, but other matters concerning the conduct of the Judge that arise.

The Panel has a binary role. It ends either that the conduct justified removal from office, or that it doesn’t. There is no middle ground. It can’t censure or fine, or partially uphold. It is either removal or non-removal.

If the Panel does not recommend removal, the matter ends. If they recommend removal then the Acting Attorney-General has absolute discretion whether or not to remove the Judge.

As Judge Aitken is an Acting District Court judge, the Acting AG can remove her directly via notice to the Governor-General. A more senior judge would require a vote in Parliament before removal.