July 16, 2010

'Model judge' bids farewell

By David Clarkson

Christchurch has farewelled a man described as “a model judge” at his last sitting day in the Christchurch District Court, after 33 years on the bench.

A huge array of the city’s legal fraternity, police, and court staff packed into the main courtroom for the final sitting of Judge John Bisphan.

Senior and long-serving defence counsel Gerald Lascelles – Judge Bisphan acknowledged knowing him for about 60 years – said that courtrooms were often places of apprehension, tension, and stress, not only for those being prosecuted but also for counsel appearing.

“But when the door opens and you walk in and take your place on the bench, clouds lift,” said Mr Lascelles. Counsel knew that a geniality of mood would prevail and “they won’t have their weaknesses exposed with a cynical comment from the presiding deity”.

He described Judge Bisphan as “the most good humoured, considerate, and easy-going of judges, with an abundance of good, old fashioned common sense”.

“You have a knowledge of the ways of the world and the worries that people face in their daily lives.

“I and many of the others here today would regard you as a model judge, one whose manner and standards have percolated through here and maintain the dignity of the courts as we know them.”

He recalled representing Judge Bisphan for his only appearance in court as a defendant, for a speeding prosecution when he was a law student, when he was fined two pounds. Judge Bisphan said there was still time for Mr Lascelles for put in a bill for that appearance.

He said Mr Lascelles had recently become an expert in delivering valedictory addresses. “It worried me that most of your best efforts have been at funerals lately.”

He described how much he had enjoyed his time on the bench and how much he would miss the counsel who had appeared before him in the criminal courts and the Family Court. “My relationship with the profession will certainly be a lasting memory.”

He would also miss his contact with prosecutors, probation, court staff, social workers, Justices of the Peace, “and even the press”.

Some years ago, as executive judge, he had given two pieces of advice to new judges: “Don’t fiddle your expenses, and don’t fall out with the staff.”

In the course of the sitting, the large crowd and the good natured judge wished each other good luck for the future.