ALECOMM

A NSW magistrate accused of misusing her powers has quit before facing a parliamentary conduct hearing that could have seen her sacked.

Key points:

• Magistrate Dominique Burns was the subject of a judicial commission of inquiry
• It found "serious instances of misbehaviour" by Ms Burns in 16 cases
• Ms Burns' lawyer told the hearing the magistrate had a "crushing workload"

Port Macquarie magistrate Dominique Burns was suspended in 2017 over allegations she remanded alleged offenders in custody without following proper process and inappropriately suggested to police prosecutors further charges be laid.

Ms Burns was due to face the trial-by-Parliament soon after NSW election in March, but Attorney-General Mark Speakman wrote to the Legislative Council yesterday confirming the magistrate's resignation.

"No further action is required in respect to the motion agreed to on 8 May 2019 in relation to Magistrate Burns," the letter stated.

If found guilty, Ms Burns would have been the first magistrate to be officially removed by NSW parliament.

Judicial officers in NSW can only be sacked if both houses of State Parliament decide they should be removed.

'Serious instances of misbehaviour'

Last year a judicial commission inquiry found "serious instances of misbehaviour" by Ms Burnsin 16 cases between June 2016 and February 2017.

The commission's findings were handed down in a 123-page report outlining 17 allegations of misbehaviour.

The report found Ms Burns told colleagues she sent a man facing minor driving offences "downstairs" to a cell to scare him.

It also found another man facing driving offences was placed into custody for three hours without an opportunity to make submissions to the court.

Another man who pleaded guilty in 2016 to stealing a winning poker machine ticket worth less than $170 had his bail revoked and was taken into custody "sobbing" before his legal aid could make submissions.

He was released after Ms Burns acknowledged her previous decision was "in error".

Magistrate had 'crushing workload'

During the commission's hearing, counsel assisting Kristina Stern SC said the "clearest possible example" of misbehaviour was when Ms Burns allegedly suggested a police prosecutor pursue further charges against an accused offender.

"In many instances the accused were vulnerable members of the community," Ms Stern told the hearing.

Ms Burns' lawyer Arthur Moses SC told the hearing the magistrate did not deny she had made mistakes but that they had to be examined "through the prism of what was a crushing workload".

He said there were already more than 1,000 cases pending when Ms Burns started in Port Macquarie in 2016 and she did not receive the support she needed.

He also argued Ms Burns had been suffering from depression and anxiety.

However, the commission upheld 16 of the 17 complaints and ruled the findings "could justify parliamentary consideration" of Ms Burns' removal.

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