Bipolar stigma returns in court

British actor Stephen Fry. Photo / Supplied

Since outing himself as a manic depressive, Stephen Fry has provided inspiration and solace to a silent army of fellow sufferers.

When it comes to raising awareness of bipolar disorders, the actor and comedian stands far taller than his imposing 194cm frame.

Yet, as he has acknowledged this month, the crippling social stigma remains. "Naturally, someone who works in an office is not going to talk about their mental instability because they'll either get teased, bullied or fired," said Fry.

Those comments would have struck a chord with Brian Maloney, an Australian magistrate who was forced this week to go before the NSW Parliament and plead to save his career.

He suffers from a similar bipolar disorder to the British funnyman, both of which are marked by violent mood swings and crushing lows.

After investigating complaints about Maloney's courtroom conduct, the state's Judicial Commission ruled him unfit to work because of his bipolar II disorder.

In an emotional statement to parliamentarians, he said no complaints had been made since he was diagnosed and put on medication early last year.

Maloney told them they risked reinforcing a "19th-century intolerance" of depression that would stop sufferers seeking proper treatment.

"This case is more important than I am," he said. "If accepting your condition and seeking appropriate treatment leads to a professional ban being imposed on an individual, then we are surely driving the issue of mental illness underground."

There is no shortage of backing among mental health professionals for the Sydney-based magistrate, whose 15 years on the bench have earned him a reputation as one of the state's more "colourful" officers.

Maloney also has backing from politicians who have experienced the crippling depression.

Former NSW Coalition leader John Brogden, who underwent treatment for depression following a reported suicide attempt in 2005, wrote to all of his former colleagues in support.

Also in the magistrate's corner is federal Coalition frontbencher Andrew Robb, who has long been touted as a potential Liberal Party leader. He struggled with depression for more than 40 years before finally seeking help and leaving politics for several months in 2009.

Robb said several business leaders contacted him to say "welcome to the club". But none were forced to go public like Maloney.

"If he was sacked the stigma would be so reinforced that we would set back this whole course decades," Robb told the ABC.

Maloney also pointed to evidence of widespread depression within the legal profession. "Researchers have found that 40 per cent of law students, 20 per cent of barristers and 33 per cent of solicitors have a mental illness," he said.

A week before Maloney's speech to Parliament's Upper House, another Sydney magistrate appeared in the same place making the same case.

Jennifer Betts had been accused of bullying and intimidating defendants, and the Judicial Commission recommended that Parliament consider dismissing her. But although MPs agreed her conduct was poor, they accepted the problems arose as she tried to wean herself off anti-depressants, and subsequent treatment had been successful.

Maloney, who became depressed while battling prostate cancer and a marriage breakdown in the 1990s, is hoping for the same understanding.

The Judicial Commission investigated complaints he told a woman to stand up and show "how pregnant" she was, and ridiculed security officers for being overweight. He was also accused of bullying a litigant.

The Commission says Maloney should be dismissed because he "is and will remain incapacitated by bipolar II disorder".

MPs were due to vote this week, but delayed their decision following the discovery of three new complaints. One was made in February - at odds with Maloney's claim of a clean record since he began treatment early this year.