Hearing on the Report of the Chief Justice of Gibraltar (Gibraltar)

Hearing on the Report of the Chief Justice of Gibraltar (Gibraltar)

The majority held that the cumulative effect of the Chief Justice’s conduct—including repeated lack of judgment, inappropriate public behaviour, failure to dissociate from his wife’s public attacks, and actions that led to a perception of bias and inability to perform core judicial functions—amounted to inability to discharge the functions of his office under section 64(2) of the Gibraltar Constitution Order 2006. The conduct brought the office into disrepute and rendered his position untenable, justifying removal.

Parties
Applicant/subject of Removal: The Hon. Mr Justice Schofield; Respondent/referrer: Governor of Gibraltar; Interested Party: Government of Gibraltar; Interested Parties: Signatories (Queen’s Counsel in Gibraltar)
Jurisdiction
England and Wales
Judgment Date
12 November 2009
Procedural Posture
Referral Under Section 4 of the Judicial Committee Act 1833 (removal of Judge) / Final Advice of the Judicial Committee of the Privy Council
Outcome
Removal of the Chief Justice of Gibraltar recommended (majority); dissent advised opportunity to resign without adverse inference.
Legal Topics
Removal of Judges, Judicial Independence, Misbehaviour and Inability, Procedural Fairness, Freedom of Expression
Constitutional Law Judicial Discipline Removal of Judges Judicial Independence Misbehaviour and Inability Procedural Fairness Freedom of Expression

Case Brief

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Parties

The Hon. Mr Justice Schofield

Applicant/subject of Removal

Governor of Gibraltar

Respondent/referrer

Government of Gibraltar

Interested Party

Signatories (Queen’s Counsel in Gibraltar)

Interested Parties

Procedural Posture

Referral Under Section 4 of the Judicial Committee Act 1833 (removal of Judge) / Final Advice of the Judicial Committee of the Privy Council

Legal Issues

  1. 1 Whether the conduct of the Chief Justice of Gibraltar amounted to inability to discharge the functions of his office or misbehaviour justifying removal under section 64(2) of the Gibraltar Constitution Order 2006
  2. 2 Whether the process before the Tribunal and Privy Council was fair and met constitutional requirements
  3. 3 Whether the Chief Justice’s association with his wife’s public statements and actions constituted misbehaviour or inability

Ratio Decidendi

The majority held that the cumulative effect of the Chief Justice’s conduct—including repeated lack of judgment, inappropriate public behaviour, failure to dissociate from his wife’s public attacks, and actions that led to a perception of bias and inability to perform core judicial functions—amounted to inability to discharge the functions of his office under section 64(2) of the Gibraltar Constitution Order 2006. The conduct brought the office into disrepute and rendered his position untenable, justifying removal.

Court Disposition

Removal of the Chief Justice of Gibraltar recommended (majority); dissent advised opportunity to resign without adverse inference.

Orders

  • Her Majesty advised to remove The Hon. Mr Justice Schofield from the office of Chief Justice of Gibraltar.