Chris Finlayson: Former Attorney General explains 'careful' Ema Aitken decision

A conduct panel has decided not to stand Judge Ema Aitken down from her position as District Court Judge following an incident at Auckland’s exclusive Northern Club in 2024

Aitken was investigated after she, and her husband, crashed a NZ First event and allegedly shouted at the speaker. 

The panel called her actions “a serious breach of comity" but did not find grounds to revoke her position. 

Former Attorney General Chris Finlayson joined Heather du Plessis-Allan to chat about the decision. 

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Episode Transcript

Speaker 1 (00:00):
Eleven past five, Heather Duplessy Ellen.

Speaker 2 (00:03):
The Judicial Conduct Panel has ruled that the woman the
judge accused of disrupting Winston Peter's event can keep her job.
Judge Emma Aiken, her actions were a serious breach of comedy,
but this incident doesn't justify her removal. Lawyer and former
Attorney General Chrispin Lason is here to talk abous through
this and is with us.

Speaker 1 (00:19):
Hello, Chris, how are you, Heather. I'll try and be
less grumpy than Wayne.

Speaker 2 (00:24):
Oh, thank you. I appreciate that I'm having a day
of it right. Decision by the court.

Speaker 1 (00:30):
Yeah, well, it's a meticulous decision, Sam, your offsider, got
me to read it a couple of hours ago. It's
a very strong panel and they have gone through the
issue very carefully. I mean, as they say, misbehavior is
a very high threshold. So you've got to show that
the behavior was such that it was so contrary to

(00:54):
the impartiality of the judiciary that the confidence of individuals
appearing before the judge would be undermine. So no, I
think that it's very careful, very deliberative. As you said
in your introduction, there's a reference to her behavior constituting
a lack of comity, But it was not such as

(01:16):
to justify a reference to the attorney that she be removed.

Speaker 2 (01:20):
What would warrant her removal? What kind of behavior would
get to that threshold.

Speaker 1 (01:27):
Well, it's a very good question. I would think if
a judge, for example, went along to a political party
gathering and was making comments about the chief Justice and
the place needs jolly good shake up. As there was

(01:48):
a reference to a case from North America where a
judge came into court wearing a maga hat. You know,
start thinking things like that that it's so unbelove beaevably outrageous,
it goes beyond the pale. Here there was room for
some debate, and the panel decided that her behavior was

(02:12):
lacking in committy, and I'll come to that in a minute,
but didn't justify a removal. The whole point about committy
is it as between the various branches of government, you've
got to show respect and restraint because they are equal
branches of government. The judges are not higher or more
pure than the parliamentarians, and likewise the executive has to

(02:36):
show respect to the judiciary and vice versa.

Speaker 2 (02:38):
Yeah, Chris, as always appreciate having you on the show.
Go well look after yourself. That's Chrispin Lason, lawyer and
a former Attorney general.

Speaker 1 (02:45):
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