Bill Wilson (judge)
{{Short description|Former judge of the Supreme Court and Court of Appeal of New Zealand}}
{{Use dmy dates|date=April 2016}}
{{Use New Zealand English|date=April 2016}}
{{Infobox officeholder
| honorific-prefix =
| name = Bill Wilson
| honorific-suffix = {{post-nominals|country=NZL|KC|size=100%}}
| image =
| alt =
| caption =
| office = Justice of the Supreme Court
| term_start = December 2007
| term_end = November 2010
| nominator =
| appointer =
| predecessor =
| successor =
| office2 = Judge of the Court of Appeal
| term_start2 = January 2007
| term_end2 = December 2007
| birth_name = William McLeod Wilson
| birth_date =
| birth_place =
}}
William McLeod Wilson {{post-nominals|country=NZL|KC}} is a former judge of the Court of Appeal and Supreme Court of New Zealand. In 2010, he became the first New Zealand judge to resign after being accused of judicial misconduct. Wilson was subjected to the first report by the Judicial Conduct Commissioner, which recommended a Judicial Conduct Panel be formed. This report of the Commissioner was prematurely released to the press and subsequent media attention forced Wilson's resignation from the Supreme Court.
Career history
Wilson attended Victoria University of Wellington, where he earned LLB and LLM degrees. He worked with law firm Bell Gully and became a partner of the firm in 1971. He was a member of the Waitangi Tribunal from 1986 to 1995 and became a Queen's Counsel in 1996.[http://www.scoop.co.nz/stories/PA0612/S00373.htm "New Judge of the Court of Appeal – Justice Wilson"], scoop.co.nz, 19 December 2006.
Wilson was appointed as a judge on the Court of Appeal of New Zealand in early 2007.
After serving less than a year on the Court of Appeal, Wilson was appointed to the Supreme Court of New Zealand in December 2007 to replace the retiring Sir Kenneth Keith.[http://www.scoop.co.nz/stories/PA0712/S00486.htm "Wilson appointed Supreme Court Judge"], scoop.co.nz, 2007-12-21.
Misconduct allegation and resignation
In 2010, three complaints were made to the Judicial Conduct Commissioner Sir David Gascoigne. It was alleged that Wilson had sat as a member of the Court of Appeal in which Alan Galbraith QC was representing one of the parties. The complaints alleged that Wilson had failed to disclose the extent to which he could be seen as beholden to Galbraith.Phil Taylor, [http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10643349 "Supreme Court judge to be investigated"], New Zealand Herald, 2010-05-07. The complaints stated that while Galbraith and Wilson both equally owned an equestrian business, Galbraith had put in approximately $200,000 more into the business than Wilson had. Galbraith was also a contractual guarantor on a loan Wilson had received from the bank.[http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10682122 "Golden handshake for embattled judge"], New Zealand Herald, 2010-10-07. Wilson opposed the view that there was a logical connection behind these arrangements and a conflict of interest; however the legal threshold for recusal is "the appearance of bias", not bias itself.Deborah Coddington, [http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10682673 "Exclusive: Justice Wilson speaks out"], New Zealand Herald, 2010-10-24.
On the basis of the complaints, a preliminary investigation by the Judicial Conduct Commissioner recommended that Attorney-General Chris Finlayson establish a Judicial Conduct Panel. The Judicial Conduct Commissioner publicly released the content of his recommendation before a Judicial Conduct Panel was appointed to investigate, effectively ending Wilson's ability to continue as a judge.Ministry of Justice, Decision of the Judicial Conduct Commissioner in Relation to Complaints Concerning His Honour Justice Wilson, 2010-05-07. The Judicial Conduct Commissioner's findings were subject to a successful judicial review by Wilson in the full High Court, which found the Judicial Conduct Commissioner had made several errors in law.Wilson v Attorney-General [2011] 1 NZLR 399 (HC). The Court was also troubled that Wilson had been subject to the release of the report, which is envisaged to be confidential. The Court noted that Wilson had been the subject of "inaccurate publicity, apparently designed to hound him from office".
Wilson announced in October 2010 that he would resign from the Supreme Court, effective 5 November. The Ministry of Justice gave him one year's salary and per the JCC and JCP Act, his legal fees were paid for. It was reported that the government had rejected an earlier offer of Wilson to resign because the terms were unacceptable to the government.Claire Trevett and Phil Taylor, [http://www.nzherald.co.nz/crime/news/article.cfm?c_id=30&objectid=10682253 "Terms 'too great' on judge's first offer to quit"], New Zealand Herald, 2010-10-22. Wilson was the first New Zealand judge to resign after an accusal of judicial misconduct.Jock Anderson and Liam Baldwin, [http://www.nbr.co.nz/article/justice-bill-wilson-quits-131970 "Justice Bill Wilson quits"], National Business Review, 2010-10-21.
Wilson did not keep his title The Honourable after resigning from the bench.{{Cite web|url=https://www.dpmc.govt.nz/our-programmes/new-zealand-royal-honours/new-zealand-royal-honours-system/types-new-zealand-royal-honours/the-honourable/roll-of-the-honourables|title = Roll of the Honourables| date=31 October 2024 }}
Lawyer Sue Grey from the original case who had originally argued Wilson had a conflict of interest, was fired from her job at Department of Conservation over her role in the case.{{Cite web|url=https://www.stuff.co.nz/national/695274/The-riddle-of-the-sacked-lawyer|title = The riddle of the sacked lawyer|date = 31 January 2009}}
Notes
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Category:Court of Appeal of New Zealand judges
Category:New Zealand King's Counsel
Category:Supreme Court of New Zealand judges
Category:Victoria University of Wellington alumni
Category:Members of the Waitangi Tribunal