Wednesday, March 16, 2011

Pushing The Boundaries?

It seems to me that blog posts by practising lawyers like this one (I am specifically referring to the title of the post: “Judge fosters corruption”) must be pushing the boundaries of what is acceptable and what amounts to contempt of court.

If I accuse a judge of being corrupt and of engaging in corrupt behaviour I can feel confident that, unless I have strong evidence of corruption, I’m going to end my career.

If Mr Franks wants to make a statement that an inadequate punishment given to a serious fraudster will only encourage corruption, then he may well have a point.

But “Judge fosters corruption” seems to get personal. Note, Franks didn’t use the word “judgment” but instead chose to use “judge”.

3 comments:

  1. So if you really believe this why have you not made a formal complaint. Many in the profession would disagree with Franks (me included) but are you not being a little politically precious about the post. If you really think it is beyond the boundaries then man up and make a formal complaint.

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  2. So if you really believe this why have you not made a formal complaint.

    I'm not sure I do believe it is "beyond the boundaries". Hence the question-mark at the head of my post. I think it may be borderline, but I'm not an expert on the law of contempt.

    Whether or not it crosses the line, it's poor form in my view. But I don't rush off and complain every time I read something I don't like.

    You may find this hard to believe, but the fact Franks was an ACT MP has nothing to do with this.

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  3. Interesting. The post is now headed 'Judgement Fosters Corruption.' Will you invoice Franks for professional services?

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