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Magistrate's career saved

user iconLawyers Weekly 14 October 2011 NewLaw

Brian Maloney, the NSW magistrate whose career was under threat because he suffers a mental illness, has been told he will not be dismissed.As reported by the ABC, the New South Wales Parliament…

Brian Maloney, the NSW magistrate whose career was under threat because he suffers a mental illness, has been told he will not be dismissed.

As reported by the ABC, the New South Wales Parliament last night (13 October) voted against his dismissal - a decision which has raised questions about how such matters should be handled.

Maloney was forced to plead his case before Parliament after the Judicial Commission of NSW recommended he be removed from the bench because of several instances of erratic behavior.

Maloney attributed his actions to undiagnosed bipolar disorder and argued that he was now receiving treatment.

Maloney is only the third judicial officer to undergo such Parliamentary scrutiny, and all three, including magistrate Jennifer Betts earlier this year, have kept their jobs.

The decision has sparked debate about the way in which such matters are handled, with Greens MP David Shoebridge saying, "It shows the need, I think, for a far less cumbersome process in deciding these matters in the future".

Labor MP Adam Searle disagreed, saying, "If it doesn't fall to us, who else really can judge the judges?"

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