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Barrister publicly reprimanded over troubling court behaviour

A BARRISTER who made serious baseless allegations about judges during Family Court appeals has been publicly reprimanded for professional misconduct.

A tribunal heard former Gold Coast barrister Patricia Merkin suggested a Family Court trial judge may have been involved in amending or editing audio recordings and the transcript of a custody hearing.

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Ms Merkin, who has previously tutored in health law and ethics at a university, has given an undertaking to a disciplinary tribunal that she will no longer practise in family law.

Her unsubstantiated allegations about the tampering of a court audio and transcripts were referred to Queensland’s Bar Association by the Full Family Court.

Despite the mother she represented listening to the court recording and finding it matched the transcript, Ms Merkin persisted with her allegations in appeal submissions.

Ms Merkin had suggested the audio recording of the Family Court hearing had been tampered with, to delete an asserted incident, before it was transcribed.

The Full Family Court judges were highly critical of Ms Merkin’s conduct at the 2013 appeal, saying it was “most troubling’’ that she had suggested the trial judge may have been involved.

At her disciplinary hearing, Ms Merkin said she still considered it possible that the trial judge, or someone connected with the administration of justice, had interfered with the recording.

In a separate appeal against parenting orders, for another mother, Ms Merkin suggested another trial judge had made orders against a mother that reflected the judge’s own research.  

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The Full Family Court said Ms Merkin had made a serious assertion about the judge, suggesting actual bias by pre-judgment, Queensland Civil and Administrative Tribunal heard.

The judges found the appeal ground was “so lacking in foundation as to be fanciful’’ and said it raised concerns about Ms Merkin’s conduct in advancing it.

Queensland’s Bar Association referred both matters to the Legal Services Commissioner, who brought three disciplinary charges against Ms Merkin.

QCAT president Justice Martin Daubney said Ms Merkin showed a lack of appreciation of the gravity and serious consequences of her submissions before the appeal court.

Even when responding to allegations in the tribunal hearing she had persisted to try to justify her conduct, Justice Daubney said.

It was only in final submissions that Ms Merkin expressed remorse and apologised for making such grave allegations without a proper basis.

Justice Daubney said but for her late appreciation of her misguided approach, the tribunal might have had reason to doubt her ongoing fitness to practise.

On September 13, the tribunal ordered Ms Merkin to complete 12 months’ readership, being mentored by senior and junior counsel, before she can be granted a practising certificate.

Source : https://www.couriermail.com.au/news/queensland/crime-and-justice/barrister-publicly-reprimanded-over-troubling-court-behaviour/news-story/4f24caa615c40937ffd4343777a7c20e?fbclid=IwAR0dmhVpsbGDpqFkbSumzsKuKdCHNc5SlN-qzvY_kYEmAktZf5mVLAr27EE

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