When Judges Become Defendants . .
John Bowie, LawFuel publisher
Oh, the drama that unfolds when a judge, a political party, and a swanky club collide. Auckland District Court Judge Ema Aitken finds herself in a delicious legal pickle of her own making, fighting for her judicial reputation in New Zealand’s High Court after allegedly crashing Winston Peters’ party – literally and figuratively.
Judge Aitken’s version of events at the Northern Club has all the makings of an awkward sitcom scenario.
The Judge is challenging the decision of the Judicial Conduct Authority to refer her to the Judicial Conduct Panel over her behaviour.
She claims she was simply returning from the bathroom at the Northern Club when – oh, dear – she accidentally wandered past a New Zealand First function.
Interestingly, the Judge’s account of the unseemling proceedings at the Club were somehow delivered to Herald publisher NZME, itself facing turmoil at present, in what appears to have been a leak from the Aitken support team – who else would have kindly passed it to NZME?
Is this how such proceedings should be aired? What would the Judge say when holding court knowing that the court of public opinion was somehow holding sway?
The leaked explanation was that Her Honour was overhearing something about tikanga Māori law – an issue that has continued to occupy the minds of the judiciary with increasing frequency – it rustled her judicial jimmies and she couldn’t help but mouth “that’s not true” to someone she later identified as NZ First MP Casey Costello.
The “I Was Just Looking for the Loo” Defense
Her Honor insists she did not take extra judicial notice of the fact it was a political gathering (despite the subtle clue of a banner at the door) and didn’t recognize Winston Peters, only the most recognizable political figure in New Zealand.
It was all just an innocent bathroom break gone wrong.
Who among us hasn’t accidentally stumbled into a political function while searching for the facilities?
The “Judge Gone Wild” Counter-Narrative
New Zealand First, however, paints a considerably different, if far spicier picture. According to their account, Judge Aitken wasn’t just an innocent bathroom-seeker but attempted to storm the room while shouting “He’s lying! How can you let him say that?” during Peters’ speech.
It was a pearl-clutching moment for the Northern Club, fresh from expelling a profile member who had been charged, unsuccessfully, with his wife’s murder.
Judge Aitken denies this characterization, insisting she made her comments in the foyer using her indoor voice like a proper member of the judiciary. No shouting, no room-entering – just a quiet disagreement between a judge and a political party. Nothing to see here, really.
Her legal team are pulling out all the stops, arguing that the Judicial Conduct Commissioner ruling in January failed to dot the i’s and cross the t’s in recommending a conduct panel inquiry into the incident.
They’re also trying to distance the judge from her partner, Dr. David Galler, and from Michael Reed, KC, who allegedly caused their own ruckus at the event later while taking photographs. Since when was Michael Reed a snapper out of court? And what was he doing with those snaps, anyway?
Nothing says “I’m innocent” quite like “don’t associate me with those other troublemakers I came with.”
Justice Andru Isac (pictured), a former Chapman Tripp, Preston Russell, Gibson Sheat lawyer and a Canterbury and Oxford graduate, now has the unenviable task of deciding whether this judicial conduct panel should proceed or be quashed.
At stake is not just Judge Aitken’s dignity but potentially her career, as misconduct findings could lead to removal from office.
