Judge Aitken asks Judicial Conduct Panel for a coherent legal test for judicial misconduct

Lawyers acting for embattled District Court Judge Ema Aitken are urging a Judicial Conduct Panel to establish a clear legal test for determining judicial misconduct.

At an interlocutory hearing at the Old Government Buildings in Wellington on Monday, Aitken’ lawyer, David Jones KC, said the inquiry into her behaviour should proceed only once the panel identifies the standard against which her conduct is to be assessed, along with the threshold for when a judge’s behaviour becomes serious enough to justify removal.

Jones urged the panel to articulate a test before moving to evidence, telling the panel, “we’re asking you… to state a test in advance of the hearing”.

Aitken is facing a formal inquiry into whether she should be removed from the bench after an incident at Auckland’s exclusive Northern Club in November last year where, it is alleged, she tried to barge her way into a NZ First event and loudly accused leader Winston Peters of lying.