A solicitor who makes unfounded allegations of bias, bad faith, or dishonesty against a judge in an ex parte communication, particularly when coupled with threats, may be found guilty of professional misconduct even absent dishonesty or unfair dealing on the solicitor's part. The implied freedom of political communication does not protect such communications because criticism of a judge's handling of a particular case is not a communication on governmental or political matters. The Briginshaw standard does not apply where the material facts are undisputed and the only question is the legal characterisation of admitted conduct.
The full text is available to signed-in members, including the 10 later cases that cite this judgment.
1 of the 10 citing cases carry a classified treatment. How each court treated it is available to signed-in members.