Uni Stuff > Law
Becoming a big time lawyer / judge
Probe:
Oh and also, can you tell me how a judge would lose his job? Over and over our textbooks say they can't lose their jobs, except in exceptional circumstances, but never gives examples of any. :D
ninwa:
Sounds like some author didn't do their research :P (or the textbook could just be out of date?)
Yes you just have to be a brilliant barrister. That makes it sound a lot easier than it actually is, btw - it takes many, many years of hard work. That may be another reason women are underrepresented in judicial roles - some just don't want that kind of responsibility, especially when they have children etc.
I wouldn't worry about it, especially this far in advance. Affirmative action is only going to become more and more fashionable anyway.
Re: firing judges...
--- Quote from: the Constitution ---(ii) shall not be removed except by the Governor‑General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity;
--- End quote ---
http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s72.html
i.e. very onerous requirement, which is probably why it's very rare.
Misbehaviour I would guess includes things like criminal convictions.
Incapacity - for example, justice gets in car accident and is brain damaged.
Glockmeister:
--- Quote from: ninwa on October 26, 2010, 01:05:47 am ---Sounds like some author didn't do their research :P (or the textbook could just be out of date?)
Yes you just have to be a brilliant barrister. That makes it sound a lot easier than it actually is, btw - it takes many, many years of hard work. That may be another reason women are underrepresented in judicial roles - some just don't want that kind of responsibility, especially when they have children etc.
I wouldn't worry about it, especially this far in advance. Affirmative action is only going to become more and more fashionable anyway.
Re: firing judges...
--- Quote from: the Constitution ---(ii) shall not be removed except by the Governor‑General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity;
--- End quote ---
http://www.austlii.edu.au/au/legis/cth/consol_act/coaca430/s72.html
i.e. very onerous requirement, which is probably why it's very rare.
Misbehaviour I would guess includes things like criminal convictions.
Incapacity - for example, justice gets in car accident and is brain damaged.
--- End quote ---
Case in point: Marcus Einfeld
ninwa:
Marcus Einfeld was not a judge when he was convicted and therefore not subject to this process. He was merely struck off the roll of barristers by the NSW Court of Appeal. A much less rigorous process.
I can't actually think of anyone who has been dismissed this way.
Glockmeister:
--- Quote from: ninwa on October 26, 2010, 12:42:27 pm ---Marcus Einfeld was not a judge when he was convicted and therefore not subject to this process. He was merely struck off the roll of barristers by the NSW Court of Appeal. A much less rigorous process.
I can't actually think of anyone who has been dismissed this way.
--- End quote ---
Good point. I suppose the closest I can think of then would be Lionel Murphy.
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