The Darkness of Sunlight: Judicial Complaint Commissions in Australia

This article provides the first in depth analysis of the operation of judicial complaints commissions in Australia through an analysis of empirical data on their operation. In light of a proposed Federal Judicial Commission, this inquiry is particularly pressing. The article argues that such commissions are not unmitigated forces for good and can too easily become forums for disaffected litigants to make irrelevant or unsubstantiated allegations against judicial officers, rather than bodies to investigate substantial allegations of judicial misconduct or misbehaviour. This does not mean that judicial commissions cannot work as vital tools of judicial accountability. But it does mean that great care needs to be taken to ensure that these bodies operate as a net positive for the judicial system.