Why the Judge must resign

Stuff reports:

A District Court Judge accused of “verbally attacking” Winston Petersand other New Zealand First members at a Christmas party has been referred to the Judicial Conduct Commission.

The Post earlier reported that Judge Ema Aitken was attending an end-of-year bash for district court judges at Auckland’s exclusive Northern Club last month, when she gate-crashed a private function for Peters’ party in a neighbouring room.

Peters was reportedly making a speech when it is alleged Judge Aitken tried to enter the room and shouted: “He’s lying! How can you let him say that?”

Following questions from Stuff, the Judicial Conduct Commissioner office said the commissioner had powers to investigate incidents “on his own initiative”.

“That is the step he took yesterday morning when he read the various media references to this Judge.”

Whether our not this is a resignation offence is fairly easy to answer – just swap roles.

Imagine that at the same Northern Club evening with a gathering of judges and a NZ First gathering, it was a NZ First MP who gatecrashed the gathering of judges, yelled abuse at them, told them they were disgraces and accused the Chief Judge in attendance of lying. That MP would already be goneburger. MPs have had to resign for far less egregious conduct breaches.

And I don’t think I am alone in saying that we have higher expectations of judges than MPs. A District Court Judge has remuneration of $541,000 a year. They literally sit in judgement on people with the power to send people to prison. They are expected to have exemplary conduct, and they are required to be politically neutral.

Judge Aitken was either sober or drunk when she gatecrashed the NZ First function. And either option is bad for her. If she did it sober, then it shows a total lack of judgment and restraint. But if she was drunk – well she is the Judge that set up the Alcohol and Other Drug Treatment Court pilot. How can she credibly judge others who have misbehaved under the influence? And being drunk is no excuse.

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