Judicial commision

Complaint Against a Judicial Officer

Judicial Commission to me

show details 10:30 AM (0 minutes ago)

Dear Mr. sxxxxxx

I refer to our recent telephone discussion concerning the complaint you made to the Commission about former Magistrate Txxxxxxx of the Local Court.

As I explained during our conversation, the Judicial Commission, in accordance with the provisions of the Judicial Officers Act, can examine complaints about the ability or behaviour of a judicial officer (a judge or magistrate). However before it can commence an examination of a complaint it must have the complaint in proper form, that is, the complaint must be in writing and the particulars of the complaint must be verified by a statutory declaration.

As you are aware, the original complaint form you lodged with the Commission was not in proper form because your signature was not witnessed by a Justice of the Peace. You were requested to re-submit the form properly executed, which you did. When the Commission received your complaint  it commenced its preliminary examination, which included confirming that the person complained about held office as a judicial officer. The Commission was advised that Mr. Txxxxxxx had retired as a magistrate.

The Judicial Officers Act requires that if a person ceases to hold office as a judicial officer the Commission must cease dealing with the complaint. This is what happened in relation to your matter. You were advised accordingly of this action.

Although I understand that in the circumstances you may wish that something further could be done about your concerns the legislation requires the Commission to cease dealing with the matter and there is nothing further it can do to assist you.

Yours faithfully,
 Chief Executive
Judicial Commission of NSW

name
  Gundagai
 2722
dear Mr sxxxxxx
I will copy correspondence of before :-As a result of your high
position you are required to treat people
with dignity and respect especially when these people are the ones
paying your wages through our taxation system.

Although Mr Txxxxxxx was acting in a judicial capacity, he also needs
to remain accountable to the people who placed him in this position.

The initial complaint was lodged on the 30th May 2008. This was 30
days before Mr Txxxxxxx's retirement. I then per your wishes
re-declared the complaint via statutory declaration on the 19th June
at Gundagai. Mr Txxxxxxx did not retire for 30 days before the initial
complaint was lodged. The complaint was then re lodged in an unchanged
format leaving 11 days where an investigation could have continued
from the earlier preinvestigation stage on the 30th May 2008.

I'm not entirely sure of the retirement procedures of the judiciary,
but I can imagine, that many people know well in advance of such
events taking place. As a result of this there would be a requirement
on your part to act without delay from the initial complaint.

Essentially, Mr Txxxxxxx was a magistrate at the time of the
complaint. The response that I initially received from your office was
one of apathy and nonchalance. If this is sincerely 'all that you can
do', then maybe we need to launch some law reform to add some
accountability to those in the judiciary and those that monitor those
in the judiciary.
I have dealt with people like you before and they can get away with
outright lies in the district court in Wollongong and the local court
also in Wollongong.They use there power to control people and
intimidate,they get away with what they like,and are unaccountable for
there actions and are the first to complain when it doesn't go there
way. If you cant stand the heat get out of the job or do what you are
there to do..investigate and inform me of weather I was right or wrong
which you did not do..

yours truly