Tasmania's government has walked away from its move to suspend a Supreme Court judge facing criminal charges after constitutional concerns were raised.
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The government recalled parliament for a special sitting on Tuesday to debate a motion calling on the governor to suspend Justice Gregory Geason.
Geason has pleaded not guilty to one count each of assault and emotional abuse.
He appeared in Hobart Magistrates Court on December 1 after being charged and is expected to reappear in February.
Geason's lawyer at the weekend wrote to parliament's lower house Speaker and upper house leader claiming the government's proposed motion was unconstitutional.
His lawyer threatened legal action if the motion passed parliament.
Geason has been on leave since early November and on Sunday gave a written guarantee to MPs he would not function as a judge until the conclusion of the criminal matters.
Attorney-General Guy Barnett told parliament previous legal advice from the solicitor general had not identified a constitutional risk.
But he said he was not prepared to proceed with the motion given complex and untested legal and constitutional issues.
Mr Barnett said while Geason's written undertaking was not legally enforceable, any breach could be a "matter for parliament".
"I am reassured that he will remain on leave while the charges are resolved," Mr Barnett said.
" ... coupled with the prospect of a constitutional challenge, it is my view ... confidence in the justice system will be maintained as a result of that undertaking."
State Labor Opposition Leader Rebecca White labelled the saga the most embarrassing day in the history of Tasmania's parliament.
She pushed for a parliamentary inquiry into whether there was any political interference in relation to Geason's court appearance.
She said an inquiry could also examine the decision to exclude media from the courtroom and why police gave Geason a lift after.
"It's unusual behaviour, not afforded to anybody else who is facing the court," Ms White said.
"There are questions about why special treatment was afforded."
Ms White said a leaked text message from Chief Justice Alan Blow to Geason.
Justice Blow indicated he had spoken to Mr Barnett about parliament being recalled and said one option was for Geason to resign.
Ms White said this should also be investigated.
The minority Liberal government, used its numbers to ensure the inquiry bid did not reach the two-thirds support required to progress.
Mr Barnett rejected claims of political interference, saying Labor had politicised the issue.
Mr Barnett said the government had received additional advice about the suspension motion on Tuesday.
Greens leader Rosalie Woodruff described the situation as a "cluster fiasco".
"We asked yesterday for advice and there was nothing," she said.
"We were working on the premise they had done the work."
Geason's lawyers provided advice to MPs that the relevant legislation, the Supreme Court (Judges' Independence) Act 1857, does not expressly empower the Tasmanian parliament to suspend or remove a justice of the Supreme Court.
It is alleged Geason emotionally abused or intimidated a person between April and November and tracked them using technology.
He has been accused of assaulting the person on October 31 by grabbing their arms, squeezing, shaking them and striking them with his hand.
Mr Barnett last week scrapped plans to set up an inquiry into Geason's fitness to serve as a judge, instead saying the suspension motion would be moved.
Australian Associated Press
