Night Rider said:
Public confidence in the impartiality of judges is vital. In a country the size of New Zealand, it is hard for lawyers to avoid business relationships that raise potential conflicts of interest.
But astonishing easy for basically everyone in the legal community other than him to work out that the perception of a conflict of relationship existed ad that's all that mattered - not whether one actually existed (which it did).
Night Rider said:
When some of the best accept positions on the Bench they surrender a good deal of the income they could earn in private practice. It is asking a lot that they should surrender investment opportunities too.
No, it's about appropriately disclosing it - which others do and is no skin of anyone's nose when it happens - the system is set up to make it so.
Night Rider said:
At the same time, the public should not be too quick to condemn. Good judges are a scarce commodity. A sideline investment probably pales beside their professionalism, their respect for their position and the judgement of their peers.
But judges who understand their place and obligations in this regard are the vast majority (even all lawyers know it if they are competent). Being a judge comes with certain responsibilities which are easily understood in this regard. The only issue here is him/his lawyer debating the wording/scope by which the JCC was instigated. It was abandoned because of the cost of working through the whole process - not because it was doomed to fail. Far from it according to former judges who have commented on it in the media as well as experts. Outside of his own lawyer you'd struggle to find someone siding with him on the disclosure point.
Night Rider said:
"Perceived" conflicts of interest are hard to avoid. This case sets a precedent demanding extreme care.
For sure... that's why the long-held, universally understood system of dealing with them exists. If A judge doesn't 'get' the jist of it then, frankly, it should be questioned whether they are fit for the role.