APPOINTMENT OF JUDGES

Hokitika Guardian, 13 November 1923, Page 2

APPOINTMENT OF JUDGES

ATTOR NKY-GENER A l.'S REPLY. [by telegraph— run press association. WELLINGTON. Nov. 13.-* Recently the Wellington Law Society forwarded tlie following resolution to Sir Francis Hell, AttorneyGeneral, on the subject of the appointment of tlie Chiet Justice and the judges of the Supreme Court: —“That in the emphatic opinion ot the Council all appointments to the Supreme Court bench, including the C hief Justice, should, in the public interest, he filled from those actively practising at the bar.” Sir F. D. Bell lias now forwarded a lengthy answer, during the course of which he says that he regrets he.cannot confirm that any such definite rule should he accepted as obligatory upon himself as Attorney General or upon the Government which is responsible for appointment* to the New Zealand bench. He doubted if the hatstaff would desire such a rule without any exception and points out that such rule would have precluded the appointment of the late Justice A\ illiatns who wa- not a practising, barrister at the liine he was elevated to ihe bench. With regard to the Chief Ju-ticeship, while expressing a hope that it would he a long time before (hat high office was vacant, when it does heroine vacant it will he the duty of the Government to offer the appointment, to the man best fitted tc preside over the bench and to hold a dormant commission of the GovornorGcneralship whether that man fie a practising barrister or already a member of the bench. The proposition that a judge once appointed should have no prospect of promotion is ono which ceased to he recognised in England and had not been adopted in New Zeal'i'nd. He. therefore, declined -to accept hard and fast rules for the guidance of the Government. The only rule which he can apnlv is that the mail having the statutory qualification and who. in the opinion of the Government of the day, is the lies.*fitted for a place on the bench or to preside over the bench, should ho appointed whenever a vacancy occurs and that it is the duty of the Government to ignore all other eorsideraxion. _