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
Things to Read, Watch & Listen

Same Sex Couples & Adoption in Australia

In this video, Award-Winning and Accredited Family Law Specialist, Stephen Page covers the essential legal steps for same-sex couples adopting in Australia.

The Pope’s cruel take on surrogacy

“I’m beautiful in my way ’cause God makes no mistakes I’m on the right track, baby, I was born this way” Lady Gaga I am outraged at the steps by the Pope’s call to stop surrogacy and be critical of LGBTQIA+ people.  It is no surprise, but it still saddens me. On Monday 8 April… Read More »The Pope’s cruel take on surrogacy

Understanding the Financial Risks of Surrogacy in the US for Australian Parents

When Australians think of going to the US for surrogacy, they often think that the risk is the legal risk.  In particular, if they come from the ACT, New South Wales or Queensland (although they can also apply in the NT, SA and WA), they’re worried about whether they might be committing a criminal offence… Read More »Understanding the Financial Risks of Surrogacy in the US for Australian Parents

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