25 Mar 2018

Bullying in the courtroom: 'We want to stop it'

8:08 am on 25 March 2018

Bullying by judges is unacceptable, says the Chief Justice, who wants any victims of it to come forward.

Chief Justice Dame Sian Elias at Rimutaka Prison Education Ceremony

Photo: RNZ / Richard Tindiller

In a recent survey of criminal lawyers, 65 percent said they had been bullied or harrassed by a judge, or had witnessed it.

The Criminal Bar Association survey found 90 percent of lawyers had been bullied or harrassed - and two thirds pointed the finger at judges.

Dame Sian Elias, the head of New Zealand's judiciary, said she expected all judges to deal with litigants, witnesses and counsel with respect and courtesy.

"Bullying of counsel is not acceptable. That is made clear in the Guidelines for Judicial Conduct. If it is occurring I and the heads of the bench want to know about it and we want to stop it."

She said anyone affected or observing judges acting improperly should report the behaviour, either to her or another Chief Judge or the Judicial Conduct Commissioner.

She said it was unclear whether the concerns related to in-court conduct perceived as overbearing or belittling, or other conduct.

Dame Sian said she would be discussing the survey findings with the Criminal Bar Association to understand better the concerns that have been expressed and what steps should be taken to address them.

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