BRIEFCASE: ‘Questionable legal behaviour,’ depression, TV’s Harry and more

What sort of debate occurs in the judges' common room when another Vince Siemer appeal or application is lodged? Do they rush to Mr Siemer's blog to check and double-check their bios and what has been written before claiming extreme prejudice? Do they draw straws? Do they simply dash for the exits and leave the last man or woman standing?

Justice Kit Toogood's decision this week handling the decision dealing with the Crown's application to strike out the Siemer application claims that alleged various breaches of his rights under the Bill of Rights Act 1990.

Mr Siemer's opening shot was calling for the judge to recuse himself, inter alia, that  Justice Toogood had "seven active complaints" against him made to the Judicial Conduct Commissioner, although how many of these were Siemer-sourced was not disclosed; that there were four appeals to the Court of Appeal involving the defendant and that "data" on Justice Toogood's past reflected "very questionable legal behaviour."

Mr Siemer relied on the now infamous Saxmere decision, as well as sundry support from sources such as the UN Human Rights Committee, the European Court of Human Rights and others.

The judge, through gritted teeth one imagines, referred to the various references to himself as "self-generated, defamatory allegations about my conduct made on a website managed by him, or by numerous complaints made by him to the Judicial Conduct Commissioner about decisions made in the exercise of my judicial duties in relation to any legal proceedings."

Judges, he said, "are not intimidated or otherwise influenced by such matters. "To take them into account on a recusal application would be to place into the hands of an aggrieved litigant the power to force the disqualification of any judge, no matter how outrageous or unreasoned the allegations or complaints."

Depression in the profession
The Lucky Country is down on its luck when it comes to the legal profession. A 2011 survey of the Australian professions shows lawyers are the most likely to suffer symptoms of depression, while an earlier, 2009 study found one in three solicitors and one-in-five barristers suffered from depression and anxiety.

It can hardly be expected the New Zealand figures would be any different. As a result, the College of Law in Australia adopted its resilience@law programme, which has now been introduced in New Zealand. 

The first programme was run in March with Minter Ellison Rudd Watts lawyers participating. The idea is to counteract stress and develop appropriate coping mechanisms. This is a major issue that deserves more attention and, at last, it appears the Law Society and bodies such as the College of Law are beginning to play a significant role in addressing it.

Late filing and movie obligations
I was late filing this column this week due to yet another filming obligation – the second in my life, I believe. A colleague asked if I would  assist by “briefly” appearing in a video being made for his business and where I was designated the role of a senior accountant, which is a bit like casting Justin Bieber as Jake the Muss.

Still, we do these things. The crew, however, was evidently making The Longest Day and the hours dragged on into the evening. This follows my other recent theatrical experience when I was requested by one of my daughters, both of whom worked on the project, to play a dinner party guest in Harry, the new TV3 crime drama starring Sam Neil.  

I sat in the cold with the other extras for two hours while every angle was filmed. Result: cutting room floor. I tried to introduce dialogue into the “non-speaking part” with take-after-take of tedium driving me to keep myself warm by talking. 

The girls tell me I’m not to be seen or heard in the final cut, although they believe my hand is visible. A good, gritty show, though, and you should watch it as a realistic take on what’s happening “out there” in case you didn’t know. 

Take two for the half-Kiwi guys
The two offspring of Rob “Kiwi Bob” Ayling, formerly a partner in DLA in the US and now long established in San Diego, have got into the final round of a competition to win $50,000 and a round-the-world trip. 

It’s being run by travel site MyDestinations and the boys, Alex and Mark Ayling – the “Vagabrothers” – have all the charm and onscreen personality you would expect of good California boys. Except they’re half-Kiwi. Although their choice of onscreen career has their father rubbing his head in mild dismay – whatever happened to law? medicine? venture capital? – he’s also pretty chuffed at their making the final.

I suggest you go to the site and give the Vagabrothers a vote.  There’s only a week to go before the winner is known. 

John Bowie is publisher of LawFuel