Quote of the week

Although judicial proceedings will generally be bound by the requirements of natural justice to a greater degree than will hearings before administrative tribunals, judicial decision-makers, by virtue of their positions, have nonetheless been granted considerable deference by appellate courts inquiring into the apprehension of bias. This is because judges ‘are assumed to be [people] of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances’: The presumption of impartiality carries considerable weight, for as Blackstone opined at p. 361 in Commentaries on the Laws of England III . . . ‘[t]he law will not suppose possibility of bias in a judge, who is already sworn to administer impartial justice, and whose authority greatly depends upon that presumption and idea’. Thus, reviewing courts have been hesitant to make a finding of bias or to perceive a reasonable apprehension of bias on the part of a judge, in the absence of convincing evidence to that effect.

L'Heureux-Dube and McLachlin JJ
Livesey v The New South Wales Bar Association [1983] HCA 17; (1983) 151 CLR 288
4 November 2022

Teffo v LPC

The Respondent has conducted himself in a disrespectful, unethical, unprofessional and contemptuous manner when addressing the Court by speaking out of turn and saying things such as “just listen to me I am talking”, “l respect you as a judge, but I do not worship you”, “you can go elsewhere and report me”, “you are not a sober judge and we cannot continue with a Judge who is not sober minded”, as well as accusing the judge of not being accountable and being biased. The Respondent has failed to show respect and act in an ethical and professional manner at all times during the Court proceedings and when addressing the Judge.

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