tag:blogger.com,1999:blog-6435782381398776888.post300921969276125020..comments2023-12-22T17:05:51.229+00:00Comments on OF INTEREST TO LAWYERS: Do Judges have a right to freedom of expression (article 10 ECHR)?A Barrister in Londonhttp://www.blogger.com/profile/08022693708807443338noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6435782381398776888.post-82794214546195164992012-09-15T14:24:51.056+01:002012-09-15T14:24:51.056+01:00I also agree to all. Thanks for this.I also agree to all. Thanks for this.Lawyers in Cleveland Tnhttp://www.joehofferattorney.com/Directions.htmlnoreply@blogger.comtag:blogger.com,1999:blog-6435782381398776888.post-8078186600121862672012-08-13T14:14:29.321+01:002012-08-13T14:14:29.321+01:00I entirely agreeI entirely agreeA Barrister in Londonhttps://www.blogger.com/profile/08022693708807443338noreply@blogger.comtag:blogger.com,1999:blog-6435782381398776888.post-10709868376660664112012-08-13T10:47:39.111+01:002012-08-13T10:47:39.111+01:00This Referral to the Privy Council was a complicat...This Referral to the Privy Council was a complicated but very interesting matter which involved conduct by the Chief Justice and his wife over a lengthy period. One of the reasons why the majority recommended removal from office was their conclusion that the Chief Justice had rendered himself unable to sit on cases involving the Gibraltar government. The case is nevertheless important in the approach taken to the meaning of the word "misbehaviour" which was a ground for removal under the Gibraltar Constitution Order 2006. The Privy Council adopted the reasoning of Lord Scott of Foscote in Lawrence v Attorney-General of Grenada [2007] UKPC 18 and asked four questions:. <br /><br />i) Has the Chief Justice’s conduct affected directly his ability to carry out the duties and discharge the functions of his office?<br /><br /><br />ii) Has that conduct adversely affected the perception of others as to his ability to carry out those duties and discharge those functions?<br /><br /><br />iii) Would it be perceived to be inimical to the due administration of justice in Gibraltar if the Chief Justice<br />remains in office?<br /><br /><br />iv) Has the office of Chief Justice been brought into disrepute by the Chief Justice’s conduct?<br /><br />Power to remove a lay magistrate is to be found in the Courts Act 2003 section 11. Section 11(2)(a) refers to "misbehaviour." The role of a lay magistrate is an important one but it is a far cry from that of a Chief Justice. It seems very difficult to see that responsible blogging by a lay magistrate could amount to misbehaviour as interpreted in the above case.ObiterJhttps://www.blogger.com/profile/04544226917595022902noreply@blogger.com