SUPREME COURT BENCH

Hokitika Guardian, 9 February 1925, Page 4

SUPREME COURT BENCH

QUESTION OF APPOINTMENTS

AA ELLINGTON,.Feb. 6.

In view of the resolutions which have been passed by the Law .Society with reference to the appointment of judges and the salary attaching to judicial office inquiries have been made in AYellington of prominent members of the legal profession regarding their views ou the subject. “One does not like comparing the personnel or constitution of the Bench of to-day with that of the Bench of thirty, twenty or ten years ago, hilt events during they past few years have shown that leaders of the profession arc not prepared to accept puisne judgeships,”, stated one authority. “Nobody can doubt the essential importance of maintaining the Bench at the highest possible standard, and it is necessary to endeavour to search for a reason for the present position. The truth of the matter is f-lrnt this should have been done several years ago, and not left till the difficulty had become intense. Each successive appointment necessarily makes the position more difficult, because it is hardly to lie supposed that.as time goes on, even though conditions are improved, men at the top ol" the profession "ill take seals on the Bench as juniors to men who were many years their own juniors at the bar. NECESSARY SACRIFICES. “The salary question, though an important one, is by no means the onlv question that creates the present difficulty. The salary of a puisne judge is £2OBB a year, and that of the Chief Justice £22bO, out ol which amounts income tax has to he paid. A mcmbei of the Bar generally is prepared to make a substantial pecuniary sacrifice to attain the position of judge, but under the present conditions, and those existing during the last few years, the necessary sacrifice in the case of lenders of the. profession has been, and is, much greater than they could reasonably l»e expected to make. The truth is that while over a period ol years incomes generally have considerably increased slightly', it has been by no means increased relatively, or anything like relatively, with other incomes. The result is that for practical purposes and taking into consideration the lower value of money the financial position of a judge must he considerably worse than it was ten years ago. A man who accepts a judgeship has to give up completely his political feelings and to a very considerable extent, if public respect and confidence are to be maintained, lie must doom himself to social isolation. While he may he quite prepared to make these sacrifices he cannot well be expected to make them if lie lias also to make undue financial sacrifice. In regard to the pension, il a judge has been able to serve his lull term of twenty years the pension is no doubt a reasonable one, and leaves nothing to complain of. In order to obtain this full pension a judge must he apointed at an age not later than do, as he has to retire compulsorily at 72. A barrister who accepts an appointment as judge, unless he has ample private means, knows whether lie is a young man or a. man of middle age. that in the event of his resignation becoming necessarily by reason ol ill-health or in the event of his death there is an allowance to his widow, and in the event of his breakdown the pension ijs an exceedingly small one. il say. his resignation takes place within ten years. A barrister would lie more ready to take a judgeship if he knew that in the event of his health breaking down he would receive a reasonable pension, or that in the event of his death his widow and perhaps, young children would to sonic extent be secured.

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