Judging the judges

If the government were to establish a permanent senate judiciary committee, would the dirty laundry of investigated federal judges be aired? Probably. Would the proposed committee inject some life into the third arm of government and generate community interest in federal judges and the judicial process? Absolutely.

Critics of this proposal will inevitably trot out the Lionel Murphy affair to highlight the possible politicisation of the investigation of complaints against federal judges. But I ask: apart from the Murphy incident, and the woman dancing outside the High Court after the Wik decision, what else do Australians recall about the federal judiciary?

Not much. So bring on the senate judiciary committee proposal, and bring it on now.

The way federal judges are appointed and removed is becoming an increasingly important issue in Australia. On both, there are varied ideas and opinions on how Australian law should develop.

But now at least there seems to be agreement that change is necessary - that the appointment process lacks transparency, and is too political, and the process of removal, entrenched in the Australian Constitution, is too complicated, with no appropriate forum to deal with complaints of misbehaviour against federal judges which may lead to a call for the judge to be removed.