Electing Family Court judges and magistrates: to be avoided

Electing Family Court judges and magistrates: to be avoided

One of the highest qualities of the law is its magisterial nature. In Australia it is taken for granted that judges are appointed by the government of the day, as are all kinds of public servants, including police, JP’s and court officials.

In many parts of the US these and other officials are elected. For many years I had heard from other Australian lawyers that to have elected judges was a bad thing and that justice could only really be attained by having judges who were appointed, and therefore impartial.

I must say that I struggled with this idea, if only because of the concerns raised from time to time in Australia about the appointments processes for judges.

But then, on travelling to the US I was confronted by the reality of the election of judges: several attendees I spoke to at the National Coalition Against Domestic Violence/National Organisation of Men Against Sexism conference in Los Angeles stated to me that by the process of election, judges are less impartial, or at least have that risk when it comes to family law.

I was shocked to learn that in several parts of the US, judges do not need legal qualifications, and these are the very same people making or more often (as the accusation goes) refusing to make protection orders, so that those those who have been subject to domestic violence are left vulnerable and not able to obtain effective legal protection.

Furthermore, it was suggested that judges open for re-election are tempted to pander to the men’s right lobby and fail to protect women and children, and even more pervasively then alter how they run their courts, so that they are not accused of bias against men.

One would hope that the election of judges would be a dignified affair. However, as seen in the piccies, this is not always the case. The last photo is not of someone seeking to be a judge, but someone with an unfortunate surname who would be virtually unelectable to any position in Australia.

Classy

Cochise County Courthouse, Arizona

Mark Suagee’s truck outside Cochise County courthouse- hard at work.

Enough said
Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

Australian citizenship surrogacy: Home Affairs wants more proof

Australian intended parents pursuing surrogacy overseas need to be ready for a growing paperwork burden when applying for Australian citizenship by descent. A birth certificate alone may no longer be enough. Recent applications indicate that the Department of Home Affairs is increasingly asking for detailed evidence of the surrogate’s pregnancy and birth records, alongside evidence… Read More »Australian citizenship surrogacy: Home Affairs wants more proof

Why adoption has become “institutionally invisible” in Queensland

Queensland’s child protection system is facing an urgent and deeply troubling question: why are children who cannot safely return home being left in state care for years, often moving from placement to placement, without genuine consideration of adoption? The recent Child Safety Inquiry has put that question squarely on the table. Its findings are confronting.… Read More »Why adoption has become “institutionally invisible” in Queensland

Queensland sperm donor family limits explained

  Queensland’s new sperm donor family limits were meant to provide sensible safeguards for children conceived through donor treatment. Instead, Queensland Health has adopted an interpretation that appears to split a female same sex couple into two separate families. That position is difficult to reconcile with the law, common sense, and the lived reality of… Read More »Queensland sperm donor family limits explained

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board