Law Report How should the justice system respond when a judge commits a crime?
Nov 26, 2024
Gabrielle Appleby, an expert in judicial independence, and Marilyn McMahon, Dean of Law and a specialist in coercive control laws, dive into the fallout from Tasmanian Supreme Court Justice Gregory Geason's conviction for assault and emotional abuse. They discuss the delicate balance between judicial accountability and independence, calling for reforms to boost public trust. The conversation also addresses the rising prevalence of emotional abuse, the legal challenges of coercive control, and the need for dedicated offenses to better protect victims.
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Geason's Resignation
- Tasmanian Supreme Court Justice Gregory Geason resigned after being convicted of assault and emotional abuse.
- His resignation brought relief as there was no clear way to remove him despite his criminal conviction.
Need for Reform
- The Geason case highlighted the need for clearer processes regarding judicial misconduct.
- Australia needs consistent mechanisms for removing judges while balancing accountability with judicial independence.
Balancing Independence and Accountability
- Judicial independence and accountability shouldn't be opposing forces.
- Well-designed complaint systems can reinforce both independence and public trust in the judiciary.