NEW JUDGE

Hokitika Guardian, 5 December 1931, Page 6

NEW JUDGE

LANG GOVERNMENT’S APPOINTMENT. OUTCRY IN NEW SOUTH WALES SYDNEY, Nevember 18. In the making of appointments no Government ba.s ever defied public opinion to the same extent as the Lang Labour Government of New South Wales. Outstanding instances of this have been the appointment of ] a Domain orator to the Meat Industry Board, the elevation of a man who bad been dismissed from the railway service-.to the chairmanship of the Transport Board, and, finally, the appointment of Mr J. S. Clancy to a district Court Judgeship. True, Mr Clancy is a barrister and, maybe, a very able one, but the fact remains, that he has not practised for longer than three years. Foriperly be was a member of the public service. There is no denying where his political sympathies lie, for be was an unseccessful Labour candidate at the last State elections. In point of the fact lie lias been closely associated with the Labour movement, and, moreover, a strong supporter of Mr Lang. Lie has not achieved great fame in his profession; but lie became known all over Australia lor his defence of those miners who were charged with rioting following the famous incidents which occurred when the National Government, during the last disastrous coal strike, decided to reopen the Roth bury minfe with free labour, and did so. In these trials lie played bis part well, bitterly attacking the police. STORM 01( PROTEST. In the circumstances it is h-rdlv surprising that his appointment should have been responsible for a storm of protest from one end of the State to the other. The public, with some justification, prefers to imagine that the judiciary is free from all suggestion of bias. Possibly if Mr Clancy bad been able boast a long experience of legal work no protest would have been raised. Everybody would have preferred to think that his politics bad no influence on the Attorney-General when he made—his recommendation to the Cabinet. However, it is recognised that there are many members of the Bar .more entitled to the reward of a judgeship, and it is difficult to see why they have been passed over for a man who lias scarcely served bis apprenticeship. The appointment aroused the members of the Bar to a fine state of agitation, but their resolution on the subject was couched in mild terms. It was as follows: M , “That, after considering the recent appointment to the District Court Bench, the Council reaffirms the principle laid down in the following re solution passed on a previous occasion at a special general meeting of the Bar, namely: ‘That in order to maintain the efficiency of the Courts of this State. ,and to ensure to the public a proper administration of justice, it is essential that positions on the Bench should be given only to persons who are fitted for such positions by reason of their professional accomplishments and experience.” SARCASTIC PROTESTS. Few of the protests have been so dignified. Most of them have been in a sarcastic vein. One organisation expressed surprise that Mr C’am-y had not been appointed to the Supreme Court Bench, where vacancies exist. In some circles it- has been suggested that some members of the Bar would refuse to appear before Judge Clancy, but there is little support for the adoption of such an attitude. Still, it is notable that-in only two previous occasions has the New South Wales Bar protested against appointments to the Bench. 1 lie first protest followed the appointment of Sir Julius Solomons as Chief Justice. There was a, chorus- of disapproval, and Sir Julian promptly resigned. More recently the Council protested against the appointment/ of Mr A. B. Piddiingtoii (now Mr Justice Piddington) to the High Court, and he stood down. Whether Mr Clancy will see the matter in the same light has yet to be learned.

■Neither the Premier nor the At-torney-General has taken any action to defend tlie appointment of Mr Clancy. Of course, Mr Lang will say nothing. He acts like a dictator, and nrobably imagines lie is one. However, tho Bar will expect a reply from the Attorney-General and so will tbe public.