Judge returns fire on attack

THE Chief Judge of the County Court, Michael Rozenes, has hit back at a prosecution lawyer's suggestion that the public may view his complaints procedures about judges as "an excuse to protect mates".

By InvestSMART · 29 Oct 2010

By InvestSMART ·
29 Oct 2010

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"I reject any suggestion that the process is a ruse to 'protect mates'," he writes in a letter to The Age today, arguing that it is "designed to provide some recourse to the public in the absence of a formal independent procedure".

Diana Karamicov, the solicitor with whom the Director of Public Prosecutions, Jeremy Rapke, QC, has denied having had a sexual relationship, made the observation in April in a leading law journal. Ms Karamicov's article for the Journal of Judicial Administration, and reported this week by The Age, argued that it was time for an independent judicial complaints commission in Victoria.

She also took a swipe at the Supreme Court of Victoria, headed by Chief Justice Marilyn Warren, saying that it could not be said it "makes its complaint procedures known".

Mr Rapke's nomination in April of Ms Karamicov a graduate of law and science, with honours, from the University of Melbourne and two others for promotion as associate Crown prosecutors has embroiled him in a private and public stoush.

It has revealed a deep personal rift between him and the Chief Crown Prosecutor, Gavin Silbert, SC, forced the state government to order mediation and left continuing anger among staff at the Office of Public Prosecutions.

Ms Karamicov, who is completing a master's of law at the university, is the central figure in what Mr Rapke has called a "despicable and unwarranted campaign" against the three solicitors.

Ms Karamicov said Chief Judge Rozenes was "quick to put up the barrier of judicial independence and an expectation of efficiency as an excuse for what may be 'brief and assertive' dealings by a judge".

"As a lawyer, his Honour's descriptions are understandable. From the public's perspective it may be viewed as the offering of an excuse to protect mates," she wrote.

In his letter, Chief Judge Rozenes clarifies his position on complaints, the court's process of dealing with them, and says the "reference to efficiency and the need for judges to be 'brief and assertive' is an acknowledgment that it is in everyone's interests to have matters dealt with expeditiously".

Following The Age's story, it was reported that the Law Institute of Victoria did not believe there were problems with the judiciary that were not being dealt with.

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Frequently Asked Questions about this Article…

Who is Chief Judge Michael Rozenes and what did he say about judicial complaints procedures?

Chief Judge Michael Rozenes of the County Court publicly rejected a suggestion that the court's complaints procedures are a ruse to "protect mates." In a letter to The Age he said the process is designed to provide some recourse to the public in the absence of a formal independent procedure.

What did solicitor Diana Karamicov propose about judicial complaints in Victoria?

Diana Karamicov wrote in the Journal of Judicial Administration (as reported by The Age) that it was time for an independent judicial complaints commission in Victoria. She also criticised the Supreme Court's openness about its complaint procedures.

How is Jeremy Rapke, the Director of Public Prosecutions, connected to the dispute?

Jeremy Rapke QC nominated Diana Karamicov and two others for promotion as associate Crown prosecutors. That nomination and related allegations have embroiled him in a private and public stoush; the article notes he has denied having had a sexual relationship with Ms Karamicov.

Has the dispute affected the Office of Public Prosecutions (OPP)?

Yes. The controversy exposed a deep personal rift between Jeremy Rapke and the Chief Crown Prosecutor Gavin Silbert SC, prompted the state government to order mediation, and left continuing anger among staff at the Office of Public Prosecutions.

What did Chief Judge Rozenes say about judicial independence and efficiency?

Chief Judge Rozenes acknowledged that references to judicial independence and the need for judges to be "brief and assertive" reflect an interest in having matters dealt with expeditiously. He emphasised that the court's complaint process is not intended to shield judges but to provide public recourse.

How did professional bodies respond to the concerns about the judiciary?

Following the coverage, the Law Institute of Victoria reportedly did not believe there were problems with the judiciary that were not already being dealt with, signaling at least some confidence from a key legal professional body.

What language and forums did Diana Karamicov use to make her case for reform?

Ms Karamicov published her views in the Journal of Judicial Administration and those comments were subsequently reported by The Age. In that article she argued for a formal independent judicial complaints commission and criticised how existing procedures are communicated.

Why does this story about complaints procedures matter to the public?

The story is about transparency, accountability and public confidence in how judicial complaints are handled. The article presents a debate: some legal figures call for an independent complaints commission while the Chief Judge insists current procedures offer public recourse and are not designed to protect colleagues.