A hearing to determine whether a judge accused of misconduct should be investigated, despite the fact they no longer hold office, has wrapped up this afternoon.
File image. Photo: 123RF
The misconduct relates to a personal matter and details are suppressed.
Lawyer for the accused judge Paul Wicks QC argued the panel's authority under the law did not apply to former judges because its main purpose was to do with recommending the removal of judges.
"Everything is touched by this question of removal and it's touched by the very clear and express interpretative provision that says a judge does not include a former or retired judge.
"And the panel, with respect, has no jurisdiction to hear complaints about former judges and the Attorney General has no power to take any action following a panel report concerning a former judge, because [they're] no longer holding office."
Dale La Hood Photo: RNZ / Alexander Robertson
However, special counsel in the case Dale La Hood said the purpose of a panel was broader than just a recommendation to remove.
"I can't dispute that the main purpose of this whole process is decisions about removal. The question is whether it's the only purpose."
It was in the public interest the matter be examined, he said.
"Because anyone potentially thinking of using this former judge as a mediator, an arbitrator, a board member, an expert, where they would want integrity... having a finding from this panel about that will be very important."
La Hood also said it would undermine public confidence for the process to end now.
For the year to July 2021 the Judicial Conduct Commissioner received 363 complaints about judges, more than double that of the year before.
Most of them were complaints to do with the outcome of proceedings and were dismissed.
A panel to investigate a judge's conduct has only been appointed once before, in 2010 amid allegations of a conflict of interest against Supreme Court judge Bill Wilson.
The complaints were dismissed when Wilson resigned.
The panel's decision on whether a hearing into the alleged misconduct would proceed was reserved.