Barrister guilty of professional misconduct

Controversial Auckland barrister Christopher Harder has been found guilty of professional misconduct for being rude to a judge.

The Auckland Law Practitioners Disciplinary Tribunal upheld a complaint that he was aggressive, argumentative, discourteous and hostile towards Judge Cecilie Rushton during a trial in the Auckland District Court in 2002.

Mr Harder was convicted of failing to rise to his feet for the judge and failing to wear a suit jacket at all times.

Auckland District Law Society prosecutor Howard Keyte, QC, wants Mr Harder fined the maximum $2000 with a further $32,000 in costs.

The tribunal has asked Mr Harder to file submissions on the proposed penalty, but he has refused until a date is set for sentencing.

He said he feared that if he did send in submissions, that could be taken as consent and he might be sentenced in his absence.

At one stage Mr Harder was accused of drinking or having alcohol during the trial but that allegation was withdrawn.

Mr Harder also claims there was an abuse of process in Judge Rushton giving evidence before the tribunal.

By law, he said, a district court judge could not be summonsed for matters arising out of his or her judicial functions.

"There has been an unlawful act - the issue of the summons - and it has interfered with the course of justice, because without the summons the judge would not have attended and the charge would have failed," Mr Harder said.

Mr Harder has appeared before the disciplinary tribunal in 1991, 1992, 1994, and 2000, costing him $150,000 in fines and costs.

Following a courtroom scuffle last year he was fined $1750 and ordered to pay $4602 in costs.

* In the NBR's 2005 law awards, which close on October 7, Mr Harder has been leading the "Working Style Barrister of the Year" award for the past three weeks, followed by Robert Fardell, QC, and Alan Galbraith, QC.