Sex surfing judges raise 'worrying constitutional issue'

11.55 am

Prime Minister Helen Clark today appeared to toughen her stance on judges accessing internet sex sites, saying people had lost their jobs for such practices.

Miss Clark told reporters that news that at least six judges had accessed sex sites from their work computers had raised a "very worrying constitutional issue".

While politicians had to be careful not to interfere in the judicial independence "we also have a responsibility as holders of high public office to draw attention to the issues of credibility for the judiciary".

"What I have to signal is that the upholding of the law by people with the responsibility for the highest standards is important to the public," she said.

Six judges are under government investigation for surfing sex sites from work, Attorney-General Margaret Wilson said today.

After disclosing yesterday three unnamed District Court judges as well as High Court Judge Justice Robert Fisher were under investigation, Ms Wilson today had to revise those numbers.

Two more District Court judges were added to the list, as well as a court official who held a warrant, though was not a judge.

"The issue here is work computers, and what is appropriate in work time. Clearly this is not appropriate in work time -- whoever it is.

"In other areas of employment, people have lost their jobs for such practices.

"That is not to say that people have to be saints, but there should be areas where people should not lightly tread if they wish to retain the highest public esteem and regard.

"I think judges would be expected to uphold the highest standards in the community because they sit in judgement on others."

"Quite a lot" of New Zealanders may now have to think again about the use they make of their work computers, she said.

She did not suggest Justice Fisher should resign, as the National Party argued yesterday.

"We're still taking advice on this," she said.

"It is a very worrying constitutional issue.

"I signal what will come out of this now is fresh interest in the Government in the establishment of a body like a judicial commission, which can handle these issues."

Politicians preferred not to handle such matters out of respect for the independence of the judiciary.

She was not confident MPs did not look at sex sites.

"I would have no such confidence."

Justice Fisher has admitted and apologised for accessing sex sites 15 months ago.

He has stayed on the bench since then although Chief Justice Dame Sian Elias knew at the time what he had done and had warned him about it.

The two latest cases emerged after Ms Wilson said it was important for public confidence in the judiciary that any other cases be dealt with at this time.

She would be getting a report on the new cases this week.

Ms Wilson said she did not know the names of the District Court judges or where they came from.

She said she had ordered an investigation because their actions could have been mistakes or work-related.

Ms Wilson said an initial investigation into Justice Fisher's actions showed the sites were what could be termed adult movies and were not in the category of objectionable publications under the law.

But she wanted to make absolutely sure what he was watching before making any further comment.

Ms Wilson was to meet Dame Sian, who is responsible for the day to day work of High Court judges, this evening.

They would consider the individual issues, and the broader issue of whether there was a need for more clarity.

"While one has a lot of sympathy for a man who has given a lot to the law...is his behaviour sufficient to in fact undermine credibility in the judiciary as a whole, and therefore threaten the independence of the judiciary due to a lack of public confidence?" Ms Wilson asked.

She also planned to meet Chief District Court Judge David Carruthers, National Radio said.

The situation has also raised questions about how a High Court judge can be removed from office, which has never happened in New Zealand.

That is dealt with in the Constitution Act 1986, which states: "A Judge of the High Court shall not be removed from office except by the Sovereign or the Governor-General, acting upon an address of the House of Representatives, which address may be moved only on the grounds of that Judge's misbehaviour or that Judge's incapacity to discharge the functions of that Judge's office."

That means Parliament makes the decision which is passed to the Governor-General.

- NZPA