Chief Justice Tim Carmody has returned fire against his critics, claiming there has been an "organised and co-ordinated campaign by senior, or prominent, members of the legal community to destabilise my discharge of the office of Chief Justice".
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Retiring Supreme Court Justice Alan Wilson stirred up the hornets' nest that was Justice Carmody's appointment last week, in a valedictory address that questioned his leadership.
Justice Wilson also alleged Justice Carmody had attempted to interfere with the rostering of the judge overseeing the Court of Disputed Returns, when it seemed the election result of Ferny Grove would head to the court.
In a letter to the Queensland legal community, distributed on Monday, Justice Carmody disputed Justice Wilson's "graceless" remarks.
He took particular umbrage at the "gross and offensive slur on my professional integrity" regarding the allegation "I exercised or sought to exercise, my power inappropriately ... in the allocation of a judge to the Court of Disputed Returns".
"Before automatically following a practice or convention, I felt obliged by the words of the legislation to exercise independent judgement (as is impliedly required by the legislation) and ensure that there is no impediment to the appointment of a judge to hear any such disputed return. Throughout I took advice and counsel from other Chief Justices. I made my appointment in line with the practice on 13 February 2015."
Justice Carmody said it was "time for the campaign of destabilisation to end".
"I do not think it fitting for a judge, any judge, to respond to these kinds of public character assessments," he said in his letter.
"In addition to that, an assertion was made that I was failing to sit as a Chief Justice of the Supreme Court should. I do not believe that assertion to be justified."
But Bar Association of Queensland president Shane Doyle, QC, rejected Justice Carmody's claims of a campaign of destabilisation, saying there were important matters affecting the functioning of the Supreme Court that had to be addressed.
"The issues at the heart of these concerns need to be addressed, not only for the individual members of the judiciary, but more importantly for the people of this State whose respect for and confidence in the court is and must remain a paramount consideration," Mr Doyle said.
"It is important that these issues are addressed very soon to avoid damage to the standing of our court and its members.
"The Bar Association (through the Vice President and me) is attempting to fully understand the circumstances which give rise to the present issues and will seek to contribute to a mature and constructive resolution of those issues in whatever way is possible."
Justice Carmody defended his workload after Justice Wilson questioned his trial schedule.
He said he was focused on regional Queensland.
"I hold the view that a Chief Justice ought to place special emphasis upon performing his role throughout the state, not just George Street," he said.
He counselled that "professional respect" was a two-way street and there was more he could do to "foster a culture of mutual respect and professionalism".
