Slowly grind the wheels of justice and it is not uncommon for judges to reserve their decision and not immediately deliver a finding in a case they have just heard. There may be complexities which they want to consider at length before reaching a decision and there is the expectation that an outcome will be delivered in a reasonable amount of time.
Unfortunately, the decisions of a New South Wales Supreme Court judge has been referred to parliament with a report from the NSW Judicial Commission stating that they have no confidence that this judge would be able to deliver judgements in a timely fashion.
The Judicial Commission tabled evidence where judgements were delayed between one and three years. Delays of between 22 and 34 months were common and in one instance this judge took two years to write a judgement of three and a half pages.
The tenure of a judge is highly protected and it usually takes an overwhelming vote of no confidence from both houses of parliament sitting together to remove a judge from the bench. In the past, the convening of such a move is usually persuasive in having the offending judge submit his or her resignation to avoid the shame of being removed from office.
Judges are human beings and as such they are not immune to the ravages that age can deliver to the human mind. The onset of Dementia can seriously affect the lucidity of decisions and it can also have the effect of causing unconscionable delays. A judge experiencing this would be wise to immediately remove themselves from office.
Unfortunately, the effect of this on the litigants is catastrophic. There is no other option that to set aside judgement and take the case back to court and on the docket of another judge. The case would need to be reheard and this would involve both the witnesses again being summonsed to court and the cost of the lawyers starting proceedings again from scratch.
Such a time delay may make a reasonable outcome impossible. Memories fade and important witnesses may have died. In some cases the litigant may not be in a position to finance the legal representation such a case deserves.
Fortunately, the failure of a judge to perform to the standard required is rare but when it happens is usually because of unreasonable delays in handing down judgements. It would be reasonable to expect that the Judicial Commission would be closely monitoring the performance of judges and stepping in before the litany of delayed judgements became a reason to involve the parliament.
An erring judge getting a tap on the shoulder and a suggestion it is time to quit preserves the integrity of the court system - and saves litigants from the anguish and expense that is otherwise inevitable.
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