Thursday, April 09, 2015

THE LORD'S RULES: Top judge's two year consultation & tweaks to rules allowing judges to investigate themselves is 'missed opportunity' says former Judicial Complaints Reviewer

Lord Gill’s new rules more like old - says former JCR. A TWO YEAR consultation held by Scotland’s top judge Lord President Lord Brian Gill on proposed updates to rules governing complaints about judges has been criticised by Scotland’s first Judicial Complaints Reviewer (JCR) as an “opportunity missed”.

Moi Ali – who stood down from the post of JCR last year after telling msps her role to review judicial complaints was “window dressing”, said: “The Lord Presidents’ consultation ended in 2013 and I am surprised that it has taken until now to come up with what appear to be largely the same rules, albeit with a few small tweaks.”

The proposed rules on judicial complaints, published by the Judiciary of Scotland only last week - coming two weeks after an investigation revealed the lack of activity by Lord Gill on the promised changes to judicial rules – bring little comfort for those seeking transparency and accountability in Scotland’s judiciary.

Lord Gill (73) also sent a copy of the consultation and rules changes to members of the Scottish Parliament’s Public Petitions Committee - who are investigating calls to create a register of judicial interests as proposed in Petition PE1458: Register of Interests for members of Scotland's judiciary.

The Judicial Office claim the new rules and guidance for complainers simplify and streamline the process for dealing with complaints and make clear the matters that can properly be investigated.

However, there is in fact little in the changes proposed by Gill which satisfy falls for increased transparency and accountability in the judiciary.

Consultation & rule changes feature in letter to MSPs scrutinising judicial interests register petition. The proposals – which took the top judge an incredible two years to consider - in between international trips & ‘diplomatic commitments’ – do not include the creation of a register of judicial interests - which court users & legal teams could use to require judges to recuse themselves from hearing a case – rather than as the rules prefer – complain about matters to a judge up to three months after the event took place.

While serving as Judicial Complaints Reviewer, Moi Ali launched her own consultation on judicial complaints procedures.

Commenting on the results of her own consultation, Moi Ali said: “I conducted a detailed consultation of my own when I was Judicial Complaints Reviewer, speaking with those who had used the complaints process. They deemed it unfit for purpose at that time.”

Ms Ali continued: “I am disappointed that the thrust of my response to the Lord President, based on that feedback from ordinary Scots, has not been incorporated. I asked for more user-friendly, plain English Rules, but this has not happened. I also hoped that a mindset that welcomed complaints and recognised the genuine value of encouraging complaints would have shaped the new Rules, but instead the inbuilt deterrent to complainers remains. The new Rules are an opportunity missed.”

Among the small changes to the rules announced by Lord Gill, is a proposal to publish details of those who make complaints about a judge – as well as revealing the identity of the judge involved in the complaint.

However, Gill’s idea to out members of the public in a bid to deter them from complaining about poor or dodgy judges may fall foul of data protection laws.

Speaking on the Lord President’s idea to publish, former JCR Moi Ali said: “I note that the Lord President has included a new Rule which allows the publication of complaints cases. If this is a bid to increase transparency and to bring Scotland into line with England and Wales, where details of upheld complaints  are published on the internet, then I welcome the move. However, I am concerned that the details of the complainer may also be published, as I fear that this may deter people from making legitimate complaints. Entirely innocent parties should have their confidentiality protected."

The Judicial Office refused to make further comment on the small changes to the rules announced by Lord Gill.

At a date yet to be decided in May 2015, the Scottish Parliament’s Public Petitions Committee will consider the rule changes proposed by Lord Gill - who has so far refused three invitations to appear before msps to answer questions on his hostility to judicial transparency and the creation of a register of judicial interests.

Gillian Thompson – who took over from Moi Ali as Judicial Complaints Reviewer recently told msps she also supports the creation of a register of judicial interests – reported here: New Judicial Complaints Reviewer supports proposal to Scottish Parliament to create a register of interests for judges

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the Sunday Herald and Sunday Mail newspapers, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland's Judiciary

JUDGES WHO WRITE THEIR OWN COMPLAINTS RULES:

How YOUR complaint against a judge ends up in a tangle of judicial gobbledygook. As head of the Scottish Judiciary, the Lord President is responsible for making and maintaining appropriate arrangements for investigating and determining matters concerning the conduct of judicial office holders. The Judiciary and Courts (Scotland) Act 2008 makes provision for the Lord President to make rules in connection with these matters.

The previous Lord President made the Complaints about the Judiciary (Scotland) Rules in 2011. After two years of administering the Rules, some administrative issues had been noted and it was agreed that a review of the Rules should be undertaken. The Judicial Office for Scotland (JOS), on behalf of the Lord President ran a consultation for 12 weeks in 2013. The consultation document sought views on several matters relating to proposals for revised Complaints about the Judiciary (Scotland) Rules and included draft rules.

The Judicial Office proposed rules on what can and cannot be investigated state: “We can only investigate complaints about a judge’s personal conduct. We cannot consider complaints about judicial decisions or the way a case has been managed. These matters can only be challenged by appeal. The definition of personal conduct covers a wide range of behaviour both in and outside of court. However, you should understand that on occasions a judge may have to be firm, direct or assertive in his or her management of a case. A complaint must be made within 3 months of the incident you wish to complain about.”

Listed among examples for complaints are: Use of racist, sexist or offensive language, Falling asleep in court, Misusing judicial status for personal gain or advantage, Conflict of interest.

Examples of what cannot be investigated include judges accused of criminal behaviour : A judgment, verdict or order, Sentencing decisions, What evidence should be, or has been considered, The award of costs and damages, Whose attendance is required at court,  Who should be allowed to participate in a hearing, Allegations of criminal activity (criminal allegations should be directed to the police)

48 comments:

Anonymous said...

saw your flow chart before on tw - is this Lord Gill's idea of a trip to the moon for anyone complaining about a judge?

Anonymous said...

"allowing judges to investigate themselves"

This is exactly what is wrong here.

Another trap of self regulation where judges and lawyers protect themselves.

No one should be allowed to investigate themselves.No one no public office no profession nothing.

We all know where it leads.

Anonymous said...

Gill only published because you had a go at him a few weeks ago otherwise it may have been another two years in the making

Anonymous said...

Allegations of criminal activity (criminal allegations should be directed to the police)

Anyone actually tried this and lived to tell the tale???
Gill must be out of his tree!

Anonymous said...

"Among the small changes to the rules announced by Lord Gill, is a proposal to publish details of those who make complaints about a judge – as well as revealing the identity of the judge involved in the complaint."

Not exactly a small change more like a gunshot to the head.

Identifying someone who has already been through hell in court and suffered at the hand of an all powerful judge is a rather nasty policy if you do not mind me saying so.

Perhaps someone in the Scottish judiciary is feeling a little vindictive to come up with this stunt?

After all it is the judges who are there get paid by us and then are caught at it so they should be identified but not their victim.

Anonymous said...

More rules designed to protect corrupt judges!

Anonymous said...

OUTF*RAGEOUS

Anonymous said...

2 years to window dress the same rules as new

Are the msps going to do the right thing and demand Gill show up to answer for all this crap?

Anonymous said...

Surprised?
Not after reading your last story on the rules and it was all about perception as in fool the public into believing they are doing something about it.

Still it is good to see you keeping them on their toes.If it were not for Moi Ali and yourself none of this would be talked about.

Anonymous said...

“The Lord Presidents’ consultation ended in 2013 and I am surprised that it has taken until now to come up with what appear to be largely the same rules, albeit with a few small tweaks.”

Yes I agree.

Two years for a top judge to sit around and come up with the same rules translates to no change whatsoever.

Anonymous said...

Lord Gill seems to be so privileged and so powerful he does not even bother to sign his letters to the Scottish Parliament.

No wonder because his rules changes have been outed as mere window dressing.

Hope the MSPs are not daft enough to fall for it.

Anonymous said...

What should be happening here is the fabled Scottish Parliament stepping in and writing the rules for the judges instead of allowing them to run the country and the justice system for their own profit.It is so obvious now everyone understands judges are just as crooked as politicians and bankers and the rest of the business thugs in power for their own pockets.

Anonymous said...

Lord Gill's new rules as as unfit for purpose as the previous and as you say none of this will make judges more accountable to anyone not even themselves.

Anonymous said...

The only part of those documents with any value is the input from Moi Ali - starting at page 52

All the stuff from the judges is just the usual self serving rubbish.

Luckily Moi Ali is here to put things right but as you can see Gill does what he wants anyway.

Diary of Injustice said...

@ 9 April 2015 at 22:58

If Lord Gill is prepared to make 87 page submissions to the Public Petitions Committee he should attend a public evidence session to back up his small tweaks to the rules, and answer questions in public on just why he is so hostile to transparency and the creation of a publicly available register of judicial interests ...

Anonymous said...

Gill will be too busy flying all over the place to worry about a few rules or what msps think of it all

Too much money involved in propping up these iffy judges and their fiddles

Anonymous said...

So they will investigate a judge falling asleep in court and do nothing about it!

What is the point of having any rules!

Anonymous said...

Allowing judges to deal with complaints about themselves is like asking a Turkey whether he wants to celebrate Christmas. It's absurd and even the judges know this. No doubt all the complaints received will be described as "Vexatious" when we the public know full well that they are mostly justified.

Anonymous said...

I suppose Gill does come across as someone who thinks he is on a different level from the rest of us so your headline is bang on!

Anonymous said...

It must be remembered that Scottish judges did not comply with the previous rules and it is a 100% certainty that Scottish judges will NOT pay the slightest interest of the new rules and will continue to do as they please for their own benefit and cash and always to the detriment of the Scottish public?

What is needed is an independent Scottish Public Service Authority who write and enforce the rules and who are responsible for the maintenance of Mr Cherbi's Record of Interests for all public officials including Judges and Sheriff's?

Scotland's standards have fallen so low that this must be a commitment by all election candidates to subscribe to, or else they will get zero votes at the forthcoming elections?

Anonymous said...

I'm fed up with this lot.

What is the point in obiding by the law and being a good citizen when they don't?

Anonymous said...

How about NOT letting judges write their own rules!!

It is like allowing criminals to write the law although plenty do as many laws are written by or fiddled by lawyers who end up as judges!

Anonymous said...

This ridiculous scandal just emphasises once again that the self servers got rid of the person (Moi Ali) who was prepared to clean up this mess and in doing so they have looked after themselves first, rather than looking after the Judicial System and what is best for the Scottish public?

Only in Scotland?

Anonymous said...

Well he was writing his own rules and telling the msps what to do anyway wasn't he so no use expecting a judge to change his spots they are all too interested in protecting themselves and their fiddles from being discovered.

Scottish justice and judges must be about the most corrupt on the planet!

Anonymous said...

Gill does not sign his letters because he clearly does not recognise the Scottish Parliament - if he did he would have gone along as he should have the first time around instead of sending long letters full of guff.

Anonymous said...

Complaints about judges will be as honest as complaints about lawyers bankers accountants and so on so we know where this is going.

As long as the guilty look after their own there is no justice.

Anonymous said...

Thank Goodness Moi Ali told msps what really goes on in the judiciary and now there is no covering this up ever again.

Anonymous said...

I read the parts of the consultation document with input from Moi Ali but it seems nothing of what she has said was taken on board by Gill.

What was the point of the consultation anyway?

I assume Gill had already made up his mind to tinker with the wording and then present it as a change but as we see there is no change whatsoever in the rules and this two year drag has been nothing more than a time waster,probably another attempt to defeat your petition and scrutiny of interests held by the judiciary.

Keep up the good work and good to see Moi Ali speaking up for justice.

Anonymous said...

They are legalized despots as far as protection for the public are concerned. I told a member of staff at Hamilton Sheriff Court the system was corrupt and what I see all the time is that those who deny that fact the strongest are the judiciary. That member of staff said it is not corrupt in the strongest way. Judges investigating themselves is corrupt, they are a law unto themselves, corrupt.

I wonder how many cases especially in civil law they arrange in favour of their business financiers? Criminals in wigs and red gowns.

Anonymous said...

Is this what has been holding up your petition for the judicial interests register?

Surely the msps did not expect Gill to do anything other than revert to type.

Now they have seen he will not change it is time to bring this register into law and no more delays!

Anonymous said...

Moi Ali must be beside herself with frustration because she could have knocked these Scottish Judiciary twits into a cocked hat in half a day?

Anonymous said...

just reading thru the documents is enough to make the reader aware how rotten the justice system is in Scotland

you guys need a good shaking out of these old judges!!

Anonymous said...

When court staff see that Judges & Sheriff's are in it for the cash and are wholly corrupt, then is it all together surprising that court staff behave in a similar manner?

Once again the Diary of Injustice journalists hit the nail on the head and deliver us damaging and accurate information of what goes on in the Scottish judicial system behind closed doors?

It goes without saying that Scotland's rotten judicial system in such a dysfunctional state should be the very highest issue of concern for politicians seeking election?

Anonymous said...

Anonymous said...
Gill does not sign his letters because he clearly does not recognise the Scottish Parliament - if he did he would have gone along as he should have the first time around instead of sending long letters full of guff.

13 April 2015 at 10:18
:::::::::::::::::::::::::::::::::::::::::

Or he knows that an unsigned letter is not a legal document and cannot be relied upon as fact?

Anonymous said...

Anonymous said...
They are legalized despots as far as protection for the public are concerned. I told a member of staff at Hamilton Sheriff Court the system was corrupt and what I see all the time is that those who deny that fact the strongest are the judiciary. That member of staff said it is not corrupt in the strongest way. Judges investigating themselves is corrupt, they are a law unto themselves, corrupt.

I wonder how many cases especially in civil law they arrange in favour of their business financiers? Criminals in wigs and red gowns.

13 April 2015 at 22:47
££££££££££££££££££

I asked a Depute Court Clerk if what the Sheriff had done was unlawful?

She hummed and hawed and then said, 'YES - but he is the Sheriff and he can do what he likes'

Anonymous said...

Anonymous said...
How about NOT letting judges write their own rules!!

It is like allowing criminals to write the law although plenty do as many laws are written by or fiddled by lawyers who end up as judges!

11 April 2015 at 20:33
==================

It has not escaped my attention that there is incredible irony regarding the Law Society of Scotland who remain gate-keepers as being the only regulator of Scottish lawyers (You can discount the SSDT & SLCC as they are run by the Law Society for the benefit of Scottish lawyers)

Bear in mind that the consequences of the Law Society of Scotland's corruption regarding letting their member Scottish lawyers off Scot Free or with a soft Sanction is that these same felons who they let off are tomorrow's Judges!

So we know where to lay the blame fairly and squarely?

Anonymous said...

Two years of time wasting and delay that is all Gill did on these rules and we all know it

Anonymous said...

Well at least you are able to tell the truth unlike this Lord gill who is obviously out to protect his own pals

Anonymous said...

So, as predicted Gill did nothing because he is answerable only to himself.

Anonymous said...

Your blog is banned on the Scottish Court Service network so we have to read it at home and just as well because the heed twit has the spies oot watchin us!

Anonymous said...

13:39 You can still read it outside on your phone.I do! just be careful the wifi you select so network admins unable to snoop

btw DoI were you aware JO thugs watching SCS staff in attempt to discover whistleblowers?

Anonymous said...

Anonymous said...
just reading thru the documents is enough to make the reader aware how rotten the justice system is in Scotland

you guys need a good shaking out of these old judges!!

15 April 2015 at 01:55

Scottish lawyers and the Law Society of Scotland have ruined Scotland's Justice System by deliberately eroding standards and turning a blind eye to corruption.

A reminder was when an eminent QC was asked on Radio Scotland how can he justify to himself representing a defendant in court who he knows is a serious criminal who had committed the crime?

His answer was profound, he said it was because every single day in Scotland's courts miscarriages of justice are being carried out.

This sums the situation up perfectly by an insider who knows what goes on behind closed oak panelled doors.

Corruption, crime, deceit and lies.

And Lord Gill's remedy?

Business as usual boys. C'mon stuff the £50 notes down your boots.

Anonymous said...

Scotland is so fortunate to have civic minded journalists at A Diary of Injustice who regularly expose white collar crime by people who should know better.

Diary of Injustice said...

@ 16 April 2015 at 18:27

If this relates to info provided yes.If staff are minded to go on the record with this it could make a good news article ...

Sources with information can continue to contact DOI or journalists directly via usual channels.

Anonymous said...

Off message I know, but for all those who have had relatives or friens who have allegedly committed suicide, be that in prison or in other suspicious circumstances, a prtition at the Scottish Parliament is calling for Scotland to treat such deaths as suspicious as is done internationally.

It can be signed at;

http://www.scottish.parliament.uk/GettingInvolved/Petitions/PE01567?UserAdvice=true

Anonymous said...

Procedures for complaining about a judge - inadequate as they are and seem likely to remain - are an entirely separate subject from establishing a Judicial Register of Interests.

Time to stop the 'smoke and mirrors' exercise Lord Gill - no one is buying your attempt to distract attention from the main issue.

Anonymous said...

A big thank you to all the Diary of Injustice journalists. All of Scotland owes you all a debt of gratitude for updating us on what is going on.

Anonymous said...

Just think how much better it would be if Moi Ali was making the rules and organising compliance of the rules instead of Lord Gill?