Chief Judge to consider judge's anti-vaxxer comments

Christchurch District Court Judge David Ruth's comments about the "nutcase views" of a anti-vax drink-driver have fallen foul of the Judicial Conduct Commissioner. Photo / George Heard

Christchurch District Court Judge David Ruth's comments about the "nutcase views" of a anti-vax drink-driver have fallen foul of the Judicial Conduct Commissioner.

The commissioner, Alan Ritchie, has referred the comments to the Chief District Court Judge Heemi Taumaunu after receiving 10 complaints in the days after Judge Ruth's comments at a sentencing last month.

He said he was referring the case "because I am concerned about Judge Ruth's behaviour in the context of the Guidelines for Judicial Conduct issued by the judiciary".

Judge Ruth responded: "I can accept that the words directed at this defendant in my courtroom may be seen as overly robust".

David Ruth in 2009. Photo / Martin Hunter

Ritchie said he was surprised to read Judge Ruth's comment that every judge he had spoken to agreed with and supported what he had said in court.

The commissioner quoted from one of the complaints, and said it was "difficult to resist the sense of the comments".

The complainant wrote: "Courtesy and tolerance are essential aspects of the requirement, however strongly held a Judge's views may be. Derision, condemnation based on uninformed personal opinions, and the use of pejorative and demeaning language are a breach of a judge's duty. Encouraging public condemnation of a minority group (the unvaccinated) and prejudice against them during a pandemic is iniquitous coming from a judge."

The commissioner said the complaints did not justify Judge Ruth's removal from office and he was not referring the case to the Attorney-General for that to be considered.

But he was referring the complaints to the chief district court judge. "What Judge Taumaunu does is a matter entirely for him though it may be that he will review guidance offered to Judges in matters such as this," the commissioner said.

Judge Ruth made his comments after being told that a drink-driver was unable to pay much weekly as reparations for damage he had caused because he had refused to be vaccinated so had lost his job.

Judge Ruth told the man that such "nutcase views" would get no sympathy in his court because the man was a danger to the community and should be ashamed of himself.