To be Fair. Confessions of as District Court Judge.
John Meredith reviews a book written by Rosemary Riddell.
Rosemary Riddell became a lawyer at the age of 40, and was in practice for 14 years before her appointment to the bench. She served as a New Zealand District Court Judge in both the Family Court and criminal jurisdictions. In writing this book she says, “I wanted people to see that judges are not high and mighty or unreachable [but] are just people doing a rather demanding and difficult job and it is a job that keeps our feet on the ground.”
From the beginning she says she made a decision she would show respect for all who appeared before her, both lawyers and defendants. She would never attempt to show superior intellect, to make jokes at the expense of other people or to make comments that would undermine other people’s self-esteem. This is consistent with her conviction of the essential dignity of all people.
Riddell is very aware of loud voices clamouring for a tougher approach to those who offend against society’s laws and values. A demand for longer sentences may win votes at election time but Riddell is convinced this will neither stop crime nor reduce it. She supports the concept of restorative justice that moves the focus from retribution to rehabilitation. While the law requires that people who commit premeditated or opportunistic crimes must be held accountable, Riddell states that the particularity of each offence and the circumstances of each offender must be considered carefully by the judge in sentencing.
Poverty, family violence, racial prejudice and the misuse of drugs and alcohol frequently contribute to criminal action and domestic abuse. Rather than apportioning blame she invites readers to consider how inequality contributes to the kind of society where people feel trapped by their economic circumstances and where addiction and family violence is perpetuated in learned behaviour. Convinced that being kind to each other could go a long way towards healing a fractured world she quotes Nelson Mandela who said that if poverty and apartheid are created by human beings, human beings can also act to remove it.
In 33 short chapters Riddell covers a wide range of matters relating to a judge’s work: sentencing, writing decisions, the custody tussle, the media, court etiquette, witness reliability, judicial independence and much more. She writes with insight and engaging touches of humour.
In one chapter Riddell tells of the death of her daughter after a number of suicide attempts and drug overdoses. She says she includes personal family history because she wants readers to understand that judges not only see but may also experience the anguish of living with unbearable sadness.
Referring to the symbol of Lady Justice who is always blindfolded while holding her balanced scales, she comments that justice is blind until a judge gives it eyes. Finally, she says, as Socrates put it, a judge must hear courteously, answer wisely, consider soberly and decide impartially. In this very readable book it is made clear how Rosemary Riddell followed these precepts with respect and compassion.