No further action will be taken against a lawyer who publicly criticised a district court judge, the Law Society has ruled.
Photo: catrionamaclennan.co.nz
Auckland barrister Catriona MacLennan said in December last year that it was inappropriate for Judge John Brandts-Giesen to serve on the bench.
Her comments became the subject of an investigation after a member of the public complained.
Judge Brandts-Giesen discharged a Queenstown man without conviction last year after he assaulted his wife, a male friend and his daughter.
When discharging the man, Judge John Brandts-Giesen described the incident as a "nasty assault", but said the man's actions were understandable in the circumstances and there would be "many people" who would have done the same.
The High Court later overturned the ruling and the man is due to be re-sentenced.
After the initial sentencing, Ms MacLennan said Judge Brandts-Giesen's remarks were "abhorrent" and he should not continue to sit as a judge.
Law Society acting executive director Mary Ollivier said the committee had considered the explanation Ms MacLennan had given.
"It accepted that lawyers can express their views on the performance of judges but that those comments must be considered and not cross a line that could cause the public to lose confidence in the role of the judiciary and the role judges play in the administration of justice," she said.
Ms MacLennan had not crossed that line, the committee found.
Her experience as an advocate for victims of domestic violence and the sentiment in which the comments were made were factors in the decision, Ms Olliver said.
