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186106
Thu, 06/02/2011 - 15:23
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NSW MPs to decide fate of two magistrates
The fate of two Sydney magistrates will likely be decided by NSW MPs within the next two months, after separate reports detailing complaints against them were tabled in state parliament.
Attorney-General Greg Smith on Thursday tabled in parliament a Judicial Commission report on Magistrate Brian Vincent Maloney, following his submission last week of a similar report on Magistrate Jennifer Betts.
Both could lose their jobs if MPs of both houses agree they should be sacked in a vote, which is expected to be taken during one of the sitting sessions before August.
Mr Smith tabled the 155-page report by the commission's conduct division on Mr Maloney after the magistrate last week lost a court bid to stop the matter from proceeding to parliament.
The commission had examined four complaints made against Mr Maloney between 2002 and 2010, and said his actions had fallen "well below the standard of a judicial officer".
Mr Maloney was found to have ridiculed and bullied an unrepresented litigant, and urged a pregnant psychiatric registrar to stand up and show how pregnant she was.
The commission accepted Mr Maloney's inappropriate behaviour had been substantially caused by a bipolar 2 disorder, with which he was diagnosed in 2010.
Since then he has been taking medication and regularly seeing a psychiatrist, and no more complaints have been made about his behaviour on the bench.
But the commission believed that if Mr Maloney continued as a magistrate there was a risk he could "suffer hypomanic attacks or mood changes", which would result in events such as those reflected in the complaints considered.
"The conduct division found Magistrate Maloney is and will remain incapacitated for the performance of the office of magistrate, and formed the opinion that incapacity could justify parliamentary consideration of the removal of Mr Maloney from office on the ground of proved incapacity," Mr Smith told parliament.
Mr Maloney has been asked to appear in parliament to show cause why parliament should not request the governor to remove him from office.
Mr Maloney's lawyer, Greg Walsh, has argued that further episodes of illness are unlikely.
"Mr Maloney is presently properly treated without symptoms," he said in a report to Mr Smith dated May 25.
"Properly treated, he is unlikely to have any further occurrence and any such recurrence would be mild."
Mr Walsh further argued Mr Maloney wanted to be properly treated.
Mental Health Minister Kevin Humphries would not comment when asked if Mr Maloney should keep his job, saying: "He'll have his day in the parliament if he chooses."
An exact date for a parliamentary vote has not yet been set, but it's expected to be before August, a spokesman for Mr Smith indicated.
The report is the second of its kind to be tabled in a week.
On May 26, Mr Smith tabled a Judicial Commission report on Ms Betts, relating to four complaints of misconduct made between 2003 and 2009.
The commission recommended parliament consider sacking her on grounds of misbehaviour or incapacity, after finding she had inappropriately dealt with three minor traffic matters and one case involving an apprehended violence order.
She argued she had been suffering chronic depression and burnout, which had since been treated.
Ms Bates or her legal representative will be asked to show cause why she should not be removed from office on June 15.
Government MPs have been allowed a conscience vote on the futures of both Mr Maloney and Ms Betts.
Attorney-General Greg Smith on Thursday tabled in parliament a Judicial Commission report on Magistrate Brian Vincent Maloney, following his submission last week of a similar report on Magistrate Jennifer Betts.
Both could lose their jobs if MPs of both houses agree they should be sacked in a vote, which is expected to be taken during one of the sitting sessions before August.
Mr Smith tabled the 155-page report by the commission's conduct division on Mr Maloney after the magistrate last week lost a court bid to stop the matter from proceeding to parliament.
The commission had examined four complaints made against Mr Maloney between 2002 and 2010, and said his actions had fallen "well below the standard of a judicial officer".
Mr Maloney was found to have ridiculed and bullied an unrepresented litigant, and urged a pregnant psychiatric registrar to stand up and show how pregnant she was.
The commission accepted Mr Maloney's inappropriate behaviour had been substantially caused by a bipolar 2 disorder, with which he was diagnosed in 2010.
Since then he has been taking medication and regularly seeing a psychiatrist, and no more complaints have been made about his behaviour on the bench.
But the commission believed that if Mr Maloney continued as a magistrate there was a risk he could "suffer hypomanic attacks or mood changes", which would result in events such as those reflected in the complaints considered.
"The conduct division found Magistrate Maloney is and will remain incapacitated for the performance of the office of magistrate, and formed the opinion that incapacity could justify parliamentary consideration of the removal of Mr Maloney from office on the ground of proved incapacity," Mr Smith told parliament.
Mr Maloney has been asked to appear in parliament to show cause why parliament should not request the governor to remove him from office.
Mr Maloney's lawyer, Greg Walsh, has argued that further episodes of illness are unlikely.
"Mr Maloney is presently properly treated without symptoms," he said in a report to Mr Smith dated May 25.
"Properly treated, he is unlikely to have any further occurrence and any such recurrence would be mild."
Mr Walsh further argued Mr Maloney wanted to be properly treated.
Mental Health Minister Kevin Humphries would not comment when asked if Mr Maloney should keep his job, saying: "He'll have his day in the parliament if he chooses."
An exact date for a parliamentary vote has not yet been set, but it's expected to be before August, a spokesman for Mr Smith indicated.
The report is the second of its kind to be tabled in a week.
On May 26, Mr Smith tabled a Judicial Commission report on Ms Betts, relating to four complaints of misconduct made between 2003 and 2009.
The commission recommended parliament consider sacking her on grounds of misbehaviour or incapacity, after finding she had inappropriately dealt with three minor traffic matters and one case involving an apprehended violence order.
She argued she had been suffering chronic depression and burnout, which had since been treated.
Ms Bates or her legal representative will be asked to show cause why she should not be removed from office on June 15.
Government MPs have been allowed a conscience vote on the futures of both Mr Maloney and Ms Betts.
