ABSTRACT There are few formal or clear rules governing when and why judges may make public statements outside their official duties. The conventions which govern public statements by judges are general in nature and proceed upon the assumption that judges can and should avoid controversial issues when they speak publicly. That assumption does not anticipate instances where the issue in question is about a fellow judge, or the very court on which a judge sits. What can or should judges say when one of their colleagues or their own court is what they wish to speak about? Can judges avoid controversy in such cases? What should they do? This article examines those issues by reference to the public statements made by many judicial officers during the controversy about the appointment and tenure of the former Chief Justice of Queensland, the Hon Timothy Carmody.

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同事的法官的公开评论：不开心的澳大利亚情节

摘要很少有正式或明确的规则来规定法官何时以及为何在其公职范围以外发表公开声明。管辖法官公开声明的公约本质上是笼统的，其假设是法官在公开演讲时可以并且应该避免引起争议的问题。这种假设无法预料到有关问题是关于同案法官或法官所在法院的情况。当他们的一位同事或自己的法院想谈论的话题时，法官可以说或应该说些什么？在这种情况下，法官可以避免争议吗？他们该怎么办？本文通过参考许多司法官员在关于昆士兰州前首席大法官的任命和任期争议期间发表的公开声明来研究这些问题，