Saturday , October 1 2022

The judge is charged with improper legal proceedings


Ms. Stern said that the magistrate had twice ordered the defendants to be held in custody when no one asked and did not give lawyers on either side an opportunity to respond, prompting one man, Mr. A, to be held in court three hours after participating in charges driving.

A second man, Mr. B, was 18 years old and came to court that was not filed for a driving offense when the judge asked him, "Why not send you to jail?"

A legal aid lawyer, sitting in court, began to make offers on behalf of Mr. Stern, but the judge ordered him to be put in the closed dock, and he was taken to court chambers. He was held in custody for an hour.

"There was no reason for Mr. B & B's custody," Stern said. "He was also not given an opportunity to submit submissions before being held in detention."

Ms. Stern said the judge had gone to a legal aid lawyer and sued the police in the hall outside, saying words: "I put Mr. B & B on the pier to give him some intimidation."

A third man, Mr. G, was detained for a week for stealing a poker card and a $ 167.39 payment card after the judge asked if the police were asking to cancel his bail and the police prosecutor responded "yes". A week later she came back and decided she was wrong.

The judge is also accused of telling police prosecutors that "other charges should be made" against a woman, Ms. Shou, and said of a man, Mr. F, "Are there other dependents on hold, and if not why not?"

Ms. Stern said that the judge's action had a significant impact on people who were "vulnerable members of the community," some of whom were subjected to "repeated bad behavior" during their case.

One of the vulnerable defendants, she said, was a cognitively disabled person who stole a bicycle and was given a suspended prison sentence twice the maximum punishment.

"Some of the defendants who were hurt by the alleged failure of her honor experienced fear and morality," Stern said.

"It seems that real injustice is caused by the conduct of honor."

Bresters, Arthur Moses, said that "the client accepts" without reservation, because mistakes were made by her and should not have been made. "

"These mistakes were not intentional and there was no deliberate blindness," Moshe said.

He said the errors should be tested through Prism's "crushing workload" of more than 1,100 cases pending when the judge came to Port Macquarie, which affected her mental health.

"It can be described as a tsunami, not just a huge cargo," said Moshe.

He cited an expert report that Mrs. Burns had met the diagnostic criteria for major depressive disorder and anxiety disorder, which she had been treated.

"Mental health issues … are an explanation for her conduct, not an excuse," Moshe said.

Ms. Burns took a sick leave in March 2017 and was suspended as a local court judge since June 2017.

At the end of the hearing, the Behavioral Division can submit a report to the Governor recommending the removal of Ms. Burns or a report to the Chief Judge describing the steps required to deal with the complaint.

The hearing continued before a panel of three people headed by Judge Anthony Payne.

Jena Mitchell is a journalist for the Sydney Morning Herald.

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