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Home / New Zealand

Judging the judges: Ex-judge backs financial register

David Fisher
David Fisher
Senior writer·NZ Herald·
30 Apr, 2013 05:30 PM4 mins to read

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Bill Wilson, QC, now works as a legal adviser on commercial deals. Photo / Getty Images

Bill Wilson, QC, now works as a legal adviser on commercial deals. Photo / Getty Images

Calls for more judicial transparency find support from former justice at centre of case that prompted changes.

The Supreme Court judge who quit over questions about financial links to a lawyer was the only person to support the judiciary having to make full financial disclosures.

Former Justice Bill Wilson, QC, wrote to the Law Commission to support a register listing assets and debts of judges in the months after resigning from the Supreme Court.

His resignation came after complaints about the adequacy of disclosures about financial links with Alan Galbraith, QC, who was appearing before him in a case unrelated to the shared investment.

The case led to calls for greater judicial accountability and prompted a private member's bill to set up a register showing judges' financial interests. The bill led to a Law Commission report - and the feedback made by Mr Wilson, the only person to make a submission supporting a register of interests for judges.

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The commission recommendations fed into the recently released overhaul of courts announced by Justice Minister Judith Collins. The overhaul included setting in place rules dictating the situations which would force judges to stand down from cases - a move seen by many as removing the need for a register.

Mr Wilson told the Herald he supported the clearer guidance released on situations in which a judge should recuse themselves from a case, but saw the measure as part of a package which included a register of interests and the new appointment guidelines.

"It was my concern any other judge should not go through a similar experience [that] is essentially why I supported a register."

He said recusal rules had to avoid excluding judges. "It is important a judge doesn't sit in a case where he or she is conflicted. It is equally important judges don't use alleged conflicts as a reason for not sitting in a case they don't want to sit on."

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Mr Wilson said a publicly accessible register would have allowed his business links to a lawyer appearing before him to be widely known. He said he had attempted to achieve clarity in the court with a phone call to lawyers involved in the case.

"If they'd had a register, I wouldn't have had to do that. I sought to achieve informally what would have been achieved formally by a register."

He said disclosure of the business arrangement on a register would not have revealed who owed money to whom but would have declared the relationship, which could then have been inquired into further.

Mr Wilson's submission to the commission described as "a legal and accounting nonsense" the phrase "direct or indirect indebtedness" used by the Supreme Court to describe his and Mr Galbraith's financial situation. He said he disagreed with the finding and the phrase that "set the whole thing off".

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"I have no complaint at all about the media picking that up. They were perfectly entitled to say, 'This is very significant - Supreme Court judges say another judge at that court appeared in a case at a time when he was substantially in debt to one of the counsel appearing'. If I'd been in the media I would have made a feature of that. It was perfectly legitimate."

Mr Wilson now works as an arbitrator, mediator and legal adviser in disputes on commercial deals. He described the issue that arose as "distressing". "I think it was probably more embarrassing for the judiciary generally."

The bill's sponsor, Green MP Dr Kennedy Graham, said the Bill Wilson case and "debacle" it caused meant a solution had to be found. "Debacle in the sense it was a sad outcome - he is a talented guy. My only concern was that kind of thing shouldn't happen again."

Rules revealed

Rules for appointing judges have been released publicly for the first time, removing the mystique of judicial appointments. Attorney General Chris Finlayson, QC, said his role recommending the appointment of judges for the High Court, Appeal Court and Supreme Court was "a most important responsibility in a democracy".

The rules set out clear criteria for selection and processes showing how appointment happens. It also sets out rules for encouraging diversity in the judiciary and keeps a confidential database of those interested in the job.

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