[5] As Chief Magistrate, Carmody drew media attention for his comments and actions which were perceived as supportive of the Queensland government of Campbell Newman and their policies, including their laws against outlaw motorcycle gangs, for which he faced criticism from other senior lawyers and judges.
[6][7][8] His comments and actions were described in media reports as undermining the judiciary's independence from the government, particularly his move to effectively prevent other magistrates from hearing contested bail applications.
[7][9] Media also reported his lone expression of support as a judge for Attorney-General Jarrod Bleijie, who had faced calls to resign after revealing the content of confidential discussions held with the President of the Court of Appeal.
[1] His father worked in a variety of roles, including as a seasonal meat worker, publican, bookmaker and boarding house contractor at the meatworks in Katherine, Northern Territory.
Among other findings, he concluded that it had been unlawful for the Cabinet of Wayne Goss to shred evidence gathered by the 1989 investigation of retired magistrate Noel Heiner into the management of the John Oxley Youth Detention Centre.
[29] In his capacity as Chief Magistrate, Carmody wrote to Attorney-General Bleijie recommending changes to the laws applying to child offenders, which were later the subject of controversy.
Shanahan noted that the changes would barely lighten the Court's workload, while leading to a slower and more cumbersome appeal process that could deprive children who were inappropriately sentenced of a remedy when time was of the essence.
While the laws had faced criticism from several senior lawyers and civil libertarians as well as a serving Supreme Court judge, Carmody was described in the media as a supporter and "cheerleader"[6] of the legislation and the Newman Government's "law-and-order" agenda more broadly.
[7] In a decision refusing bail to two alleged associates of an outlaw motorcycle gang, he stated that "the government’s tough stance ... is intended to keep the peace and tackle crime by making Queensland a hostile environment for socially destructive drug traffickers" and "there is, it seems, a new sheriff in town with low or zero tolerance for criminals and their activities".
[31] He also sent a three-page email to the magistrates of Queensland, which was strongly supported by Attorney-General Bleijie, suggesting that outlaw motorcycle gang associates (colloquially known as "bikies") should not be granted bail due to the inherent risks of doing so.
[8] The laws imposed a blanket prohibition on judges and magistrates from granting bail to outlaw motorcycle gang members, and were reported as a source of tension between the Government and the judiciary.
Notwithstanding this finding, Carmody DCJ held that “the intended scope of section 16(3A) is wide enough, in my opinion, to include the applicant, even if the drafting language used is slightly inapt.
On 5 November 2013, Carmody issued a Practice Direction which required that all future contested bail applications be heard in a specified Brisbane Magistrates courtroom in the afternoons, with no more than two listed each day.
[39] As the media reported rising tensions between the Newman Government and judiciary during March 2014, Carmody broke ranks with other judges, declaring his support for Attorney-General Jarrod Bleijie.
[10] Bleijie was facing criticism for revealing details of a private conversation with President of the Queensland Court of Appeal Margaret McMurdo, after she had suggested that the Government was sexist in its judicial appointments.
[40] The President of the Bar Association, Peter Davis QC, supported Sofronoff's remarks,[16] but noted that Carmody deserved the community's respect as a sitting judge.
[14] Criticism centred on perceptions that his perceived closeness to the Newman Government undermined his independence, he lacked the support of his peers in the profession and he did not have the necessary judicial experience to be Chief Justice.
[17] He added that the appointment of Carmody would "weaken public confidence in the administration of justice and impact adversely on the willingness of parties, who have the freedom of choice in the matter, to litigate in Queensland state courts".
[53] The outgoing Chief Justice of Queensland, Paul de Jersey, released a press statement in which he urged the judiciary to accept the government's choice of his successor and move on.
[61] Two of Carmody's unpublished decisions were overturned by the Court of Appeal, including a case where he refused bail to a mother of eight children who faced drugs charges.
He stated that Carmody's public calls for civility and courtesy in the legal profession were hypocritical given that he privately referred to his judicial colleagues as “snakes” and “scum”.
That judge could potentially have decided whether a new vote would need to be held for the electoral district of Ferny Grove in the wake of a candidate being found ineligible to stand for election.
[63] Wilson also stated that Carmody had failed to hear any cases in recent weeks, preferring instead to undertake a public relations role which resulted in the other Supreme Court judges having to bear a heavier workload.
[65] Carmody responded to the allegation of interference with the Court of Disputed Returns protocol by stating he believed that under the legislation he was impliedly required to exercise his independent judgment and that he had taken advice from other Chief Justices in doing so.
[66] Carmody's response by email stated:[66] Any suggestion that this would be sufficient to give rise to a reasonable apprehension of bias or prejudice ... is unsupported by precedent and utterly preposterous.
I find it disturbing that a scheduled meeting disseminated in the public domain through the Chief Justice's calendar, between the head of the jurisdiction and an arm's length non-party community leader, will cause you 'deep concern' regarding my independence or impartiality.
It is even more alarming that your associate decided to investigate, on your instruction or otherwise, any comments made by Ms Johnston regarding Cowan.McMurdo responded the next day, stating that she rejected all of Carmody's "ill conceived allegations of impropriety".
[66][67] The released emails also reveal that Carmody had failed to read the draft judgments circulated months earlier by President McMurdo and Justice Fraser.
[70] The meeting related to who would sit on the Court of Disputed Returns if the result for the electoral district of Ferny Grove was challenged, and involved hostility and explicit language.
[74] Carmody resigned as Chief Justice on 1 July 2015 but remained a Judge of the Supreme Court, sitting as a supplemental judicial member of the Queensland Civil and Administrative Tribunal.