Bar Council 'protecting Their Own'

The Age

Saturday May 17, 2008

Steve Butcher and Andrea Petrie, With AAP

THE brawl over the recent appointment of a County Court judge has launched tit-for-tat fusillades from the state's chief law officer and the Bar Council.

Sparked by council chairman Peter Riordon's shock decision to boycott a formal welcome for Judge Barbara Cotterell, the battlefield fallout over her "acting" position raged yesterday.

In a statement released on Thursday night, Queen's counsel Riordon said that while Judge Cotterell, 65, was eminently suitable, Attorney-General Rob Hulls' appointment of her as an acting judge "breaches the established convention that judges should not be subject to the influence of the Government".

Mr Hulls opened a new front yesterday, describing the controversy as "sour grapes" because Judge Cotterell was not a member of the bar. He queried whether the bar would have reacted if a man had been appointed.

"I think this is really the barristers' union being concerned that judges are being appointed from outside their ranks," Mr Hulls said. He said it was "absolutely appropriate in times of high demand" to have acting judges assist with "cleaning up particular lists".

In response, Mr Riordon stated that Judge Cotterell had been a member of the bar for 35 years, and that her five-year appointment was subject to 12-monthly "activation" by Mr Hulls.

Chief Judge Michael Rozenes refused to comment. But the conflict yesterday attracted an ally to the bar - shadow attorney-general Robert Clark described acting judges as "dangerous policy" and said that Mr Hulls' claim of sexism was "spurious and illogical". -- With AAP

© 2008 The Age

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