Mental illness - and sitting in judgement !

A Sydney magistrate has been found to be " permanently incapacitated " by the Judicial Commission because he suffers from bi-polar.  The state parliament will take a " conscience " vote on whether he should be removed from the bench, and under state law that will require a two thirds majority to proceed.

Various people who have suffered depression - including the state Finance minister, Andrew Robb contend that to sack a person with bi-polar will send a message through the community that mental illness is something to be hidden, rather than brought into the open and treated.

The contention is that there are people in most walks of life who suffer debilitating diseases such as diabetes, high blood pressure, epilepsy and asthma.   They simply take their medicine and do their jobs and this is part of the treatment process.

The reason this particular magistrate has come to the notice of the Judicial Commission is that some of his findings - and in particular his court behaviour - are described as " unusual ".   They has been criticised because they are very different from that of other magistrates.

The call for a bi-polar magistrate to continue to sit on the bench tends to miss the point.  People who have a treatable disability and continue to work in other walks of life do not decide the fate of others.   When a person appears before a court it is hoped that all the nuances of the case will be carefully examined and a decision reached that embraces both justice and mercy.   That is not something ideally decided by a disturbed mind.

If this magistrate continues to serve on the bench there will always be questions about his decisions - and those decisions will be challenged in higher courts.  It will introduce an element of uncertainty that has no place in the judicial system.

There are some professions that must automatically bar those with mental problems.  Would we volunteer to go under the knife for brain surgery if the respected brain surgeon was known to be bi-polar - and had a history of bizarre incidents in theatre ?

When in doubt - remove the doubt !