Judge Reprimanded

By Roger Billins

It is rare indeed for a judge to be reprimanded but this is what recently happened to High Court judge, Mr. Justice Peter Smith. The judge, who is not a judge who is universally liked by lawyers, grabbed the limelight by his decision in the Da Vinci Code case, which was subsequently criticised by The Court of Appeal. He has now become the subject of news story which he will not have enjoyed reading.

The judge had obviously decided to follow other judges in leaving the bench and joining the solicitors’ profession. He was in negotiation with national firm, Addleshaw Godard but the talks did not reach a satisfactory conclusion and Peter Smith stayed on the High Court bench. Within a few months, he found himself trying a case in which Addleshaw Goddard represented one of the parties. Naturally, they asked him to recuse himself - that is to agree not to try the case. He refused and was unpleasant to Addleshaws’ client and counsel. Addleshaws’ client appealed and the Court of Appeal overturned the Judge’s decision in strident terms. They were so concerned by his conduct that they referred Peter Smith’s conduct to the Office for Judicial Complaints, with the outcome that he was reprimanded rather than suspended or steps to have him removed from office.

One wonders what a judge has to do in carrying out his judicial duties to be removed from his office. Certainly, there is considerable support from litigation solicitors and the bar for a much stronger voice in the administration of justice by the courts and for tougher sanctions to be applied to judges who fail to perform. This case and the rather weak response from the disciplinary body will give renewed vigour to that campaign.