Judicial Commission

The Judicial Commission of New South Wales is a statutory corporation that provides continuing education to and examines complaints made against judicial officers in New South Wales, a State of Australia. The commission is headed by the Chief Justice of New South Wales and consists of the heads of each of the major courts in New South Wales plus community representatives. The commission is the only body of its type in Australia. Similar bodies are in existence in Canada, India and the United States. The work of the commission is split into two distinct areas. The first is a conduct division which deals with complaints about judicial officers. The other area is the educative function, which provides information on sentencing information, legal development and ongoing training for judicial officers. The commission marked a significant change in the legal system in New South Wales. It restored public confidence in the judicial system which had been rocked by a serious of scandals and allegations of misconduct in the early 1980s. The commission eliminated the political process from the removal of a judge from public office. Judges were no longer subject to the whim of the government of the day in whether they could be removed from office. Instead, the commission now provides a means outside of politics for the dispassionate consideration of misconduct by judicial officers. As one present judge has suggested, the commission has actually improved and safe-guarded independence of the courts. The model for a judicial commission has received support for introduction elsewhere in Australia.

The Judge

A judge, or arbiter of justice, is a lead who presides over a court of law, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is like an umpire in a game and conducts the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the parties of the case, assesses the credibility of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment.

A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution. Some believe all persons have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court.

The systems of courts that interpret and apply the law are collectively the judiciary. The place where a court sits is a venue. Court proceedings occur in a courtroom. The building as a courthouse; court facilities range from simple and very small facilities in rural communities to huge buildings in large cities.

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