Tim Carmody saga is a 'lesson for all governments', former judge says

http://www.theguardian.com/australia-news/2015/jul/07/tim-carmody-saga-is-a-lesson-for-all-governments-former-judge-says

Version 0 of 1.

The “sad saga” of former Queensland chief justice Tim Carmody shows all governments need to choose judges on merit alone, according to former supreme court judge Alan Wilson.

Wilson has paid tribute to Carmody for stepping aside last week in a “reasonable and sensible solution” that would likely see him continue his career on the bench in a role that Wilson himself pioneered.

But Wilson told Guardian Australia that the “lesson for all governments” from the Carmody affair was “the necessity for appointments to judicial roles to be made solely on merit, and after genuine consultation with the judges, and the legal professions”.

Wilson took the then chief justice to task in a revelatory retirement speech in March, triggering a renewed wave of public scrutiny that ended with Carmody’s resignation less than a year after his contentious appointment by the former Newman government.

Related: Tim Carmody, Queensland's chief justice, resigns from position

He said Carmody’s decision to relinquish the office of chief justice while taking up a new role at the Queensland civil administrative tribunal was “a satisfactory outcome to this sad saga”.

“It is to his credit that he has cooperated with the government in achieving a reasonable and sensible solution,” Wilson said.

The Palaszcuk Labor government has said it will consult widely on the next chief justice appointment, including with the opposition and within the ranks of sitting supreme and appeal court judges from whom the next chief justice will be chosen.

Some have speculated that appeal court judge Cate Holmes might be the first woman elevated to the state’s chief justice role.

The attorney general, Yvette D’Ath, indicated in announcing Carmody’s resignation that he was favoured to succeed current Qcat president David Thomas. Wilson was appointed the inaugural president of Qcat in 2009.

Related: Tim Carmody can't demand reform as part of his severance package | Mark Bahnisch

Former premier Campbell Newman and attorney general Jarrod Bleijie elevated Carmody from chief magistrate in the face of widespread opposition from legal figures and the bench itself. It came amid the government’s rhetorical attacks on the judiciary and lawyers and a wave of legal measures that reduced judicial discretion, including in youth justice and mandatory sentencing.

Michael Cope, the president of the Queensland council for civil liberties, said that Carmody “was disqualified from holding the office by his blatant political comments and conduct whilst chief magistrate”.

Carmody’s time as chief justice was similarly marked by controversies including questions about his work rate and legal ability, allegations of interference in the process around a potential legal challenge in the Queensland election and the breakdown of working relationships with his colleagues.