The Dominion. THURSDAY, FEBRUARY 27, 1913. STIPENDIARY MAGISTRATES.

Dominion, Volume 6, Issue 1685, 27 February 1913, Page 4

The Dominion. THURSDAY, FEBRUARY 27, 1913. STIPENDIARY MAGISTRATES.

In an interview bottio weeks since, the Prime; Minister mentioned half a dozen important Bills now being prepared for next session. The list "was not intended 'to be final, or anyiike the. session will be, of more than ordinary importance, but Mr. Massev's object, no doubt, W?? to keep the public posted as to the manner in which his Government is continuing to redeem its pledges. _ The- measures mentioned are all of importance, and are necessary, but there is at least one omis6ion from the list \vhich we-hop6 to see remedied later on. This is the promised measure for securing independence ' of Stipendiary Magistrates.' No reasonable complaint can be made that a Bill was' not brought down last session. The Government, in the circumstances, .did remarkably well last session in placing on the Statute Book as many reform measures as it did. But the independonoc of the Magistrate's Court Bench is a subject of paramount importance to every person in the land, and sufficient tinie having elapsed to enable the Government to decide on the form and scope of the measure it is to be hoped that the Government will see its way this session to treat it as one (if the matters calling for immediate attention. It is difficult, and not pleasant, to realise that in'tbis twentieth century it has been possible for a Stipendiary Maeistrate of - New

Zealand to state, as one did some three years ago, that a Ministry had endeavoured to influence the tenor of decisions about to be given by him. Having been compelled to remind our readers of this charge, we have pleasure in adding, that tho Magistrate expressly excepted the late Mn.' M'Gowan and' Sir J. Findlay, former Ministers for Justice, from it. Many of our readers doubtless have a general idea of the English system, admittedly the best in the world, of securing the integrity of the Bench. By a statute passed so long ago as the 11th and 12th years of the reign of William 111, it was enacted that all Judges of the Superior Courts should hold office for life, subject only to good behaviour; and this law remains today unaltered. The Crown, by itself, cannot remove a Judge. Neither can the Ministry. A Judge of the Superior Courts can only be removed on presentation to the Crown of requests (technically styled addresses'). by both Houses of Parliament. The same rule, as to tenure of appointment, is followed, we believe, for all minor members of the Jiidiciarv, such as County Court Judges, ' Recorders, Stipendiary Magistrates, and even (electoral roll) revising barristers. But in their cases removal for misconduct is ordered by the Lord Chancellor after inquiry held. As a further safeguard to the independence of ' the Bench, the salaries :of all Judges 'are fixed by statute, and, therefore, cannot. be reduced or withheld to suit'the purposes of an unscrupulous Ministry anxious to deflect the course' of justice, which:might.bd possible if these salaries had to be voted each year. . ' _We, in common with most of, if not all, the other self-governing colonies, have' long since adopted this system in its entirety ..in regard to/ our. Supreme Court Bench. But we' stop there. Our Stipendiary Magistrates and Wardens hold office from clay to day., .Thoy.can be dismissed by the Ministry.whin they please; aud their salaries can be reduced or,'withheld altogether, at the whim of the Ministry of the day. No comment on such a state of thrings can be half so biting Vr the mere recital of them. . --The "remedy 'is' obvious, aiid,simple. A Bill should bo put through next session enacting that all paid Magistrates. not already protected (whatever their official titles may be); should hold office '.for life, during good behaviour, at salaries' fixed by statute. . llcmoval frorii office for misconduct should lie effected either :by tho same iiictbod as. now' applies to Supreme Court Judgesi' br, : after an inquiry hold, before a full Bench of,the Supreme Court, Judges. The new statute might well go on to provide a much-nceded revision of the salary list. Some of .the' Magistrates receiyc fair remuneration for their diities, none are overpaid,, whilV some are decidedly underpaid. It should not pass the wit of-man to devise a system of grading the Inferior Courts.

_-The. Government might also consider, the advigableness of following English practice in another'respect. In New' Zealand; as, in. all other Colonies in'their youth, it has been necessary in the past, to. appoint, untrained, - though '. otherwisewell-" educated, mori"to paid Judicial-office;' simply -because'.- thcr supply' of ..the trained article was less: than tlie demand. Those days up .oyer now, and the, custom, has; to' a 1 large extent,. fallen :into disuse. Biit. it survives still. in one, mitigated, form, ih; that occasionally' Magistrates' clerks are appointed direct to the Bench. It is true that these gentleracn.ha.Ye -usually or always passed qualifying examinations as'solicitors, or' barristers. But'mere recentlyacquired book knowledge of law. with its inevitable percentage' of "cram" knowledge, dees not make a competent lawyer or a safe Judge. A-large "something more" is required, and that is practical experience'of law and human natiiTe. Such experience can only be gained ; by some years-of active practice as a barrister and solicitor, and by confidential association with all sorts and conditions of clients. Regular attendance at the public hearing of cases may teach something and be of some value, but the listener is not behind the scenes.- • It is the contrast, for instance, between : a litigant's performance in the witness-box and his previous statements to' his legal adyiser, that helps to give the latter that ; indispensable trait of a good judge—ready and ' accurate knowledge of human nature. This has long been recognised in England, and as long, acted on. ;Tho statutes regulating the. various minor judicial posts, already mentioned by us, decree that the holder must be of so many years', standing at the Bar at the time of his appointment. Thus no one can become a County Court Judge until'he has a professional standing of seven years, a Recorder must have five years' standing, ; a ; Stipendiary Magistrate seven years',' and a revising barrister seven years' ; and "standing" in this .connection means „ active and continuous practice. ' Indirectly, most of us, in our own private affairs; also recognise the distinction.' Few would 'give' important legal work to a man , who' has just qualified, even though he has served articles for five years aud',' perhaps, passed the examination at the "head pf the list. hv ? Because, as wc say to ourselves, ho has not had sufficient 6xperier.ee. "And yet, although he is not. good enough to have the handling of affairs that may prejudice: our individual pockets, he and newly-qualified Magistrates' Clerks, may rank''as good enough to have.'.in "their hands, perhaps' without right of appeal, ■ the ' personal liberty, of other people. In presenting this view of the position, we do hot lose sight of the fact that one or two promoted clerks in the past have proved excellent Magistrate's. The principle followed in England, however, appears to us to be a sound One. The line that we-have here taken does not involve any sort of injustice to Magistrates' clerks. To have been a Magistrate's .'clerk once upon a time will 'not bar one from the Magistracy when the requisite legal Standing has been gained. On the contrary, his special knowledge of the "common form" of the Court would be in favour of such a candidate.