A tribute to Justice Simon France

Madeleine Laracy*

When in 1995 Simon applied for a Crown Counsel role in the Criminal Team at Crown Law, there was one position available, and someone else fitted that role perfectly. However, even though he was not an appellate lawyer (criminal appeals being the bulk of the team's work on behalf of the Solicitor-General), he was immediately recognised as too good to pass up, so two positions were created. In a short time, Simon did so many appeals, so well, that he quickly became an enormously admired criminal appellate lawyer.

Simon was too good an advocate to lecture his colleagues or the Court, but he was always and unmistakeably a teacher. His style and understanding of his audience's needs were honed by years of practice at the University. He was masterful in his written and oral advocacy at reducing the complex and factual to matters of essence and principle, at explaining technical concepts in a natural and conversational style, and at knowing how to use the limited attention span of any audience – whether students, junior counsel, or Judges – to get his point across as briefly and clearly as possible. He had a distinctive, blunt, spare writing style and prided himself on being "No adjectives or adverbs Simon."

Simon was a warm and supportive mentor but always honest and direct with his feedback, and mainly taught by modelling good practice himself. Junior lawyers in the Criminal Team would learn from Simon that everyone in the criminal justice system has a difficult job to do, and being cocky, critical of mistakes of others or simplistic avails no one. A current Crown Counsel who clerked for Justice Simon France in the High Court, and came to Crown Law on his recommendation, recalls that he was always keen to discuss and debate legal points, even with someone decades younger and with almost no experience. When she made horrible mistakes, of which there were a few, Simon would just carry on the chat, encouraging her on the matters that had merit, and gracefully leaving the rest. Simon greatly enjoyed his opportunities to support and discuss common problems with Attorneys and Solicitors-General from around the Pacific at the Pacific Island Law Officers meetings, which he attended for several years, and his mentoring extended to being a faculty member of the litigation skills training programme for Pacific lawyers.

As a Crown Counsel, Simon had a strong reputation for being reasonable and fair, but that didn't stop him from being shrewd in his approach – he was an expert, for instance, at abstracting for the Court what he said were the appellant's best points, and making responsible Crown concessions in respect of them, only to go on and decimate those same points. While Simon had not himself been a trial lawyer, Crown Solicitors across New Zealand greatly respected him for his approachability, good judgement and vast knowledge of the criminal procedure and law. They appreciated that he was willing to help with advice to Crown prosecutors on sudden developments in trials and could quickly grasp what was at issue. Simon was also among the most trusted advisers to the then

Solicitors-General, John McGrath QC and Terence Arnold KC, on criminal issues, especially when a matter required not just accurate legal assessment but also a sound, practical view on whether the proposed Crown action was "worth it", what the implications were, or what the ordinary public would make of it.

In the Criminal Team, Simon didn't have formal management responsibilities, but he was undoubtedly a professional leader and the go-to person for everyone around him. He was a natural leader who drew people to him with his knowledge, generosity, and humour. The Crown Law document management system has many examples of Simon's work, not just on his own files but also memos to colleagues assisting them with points of law or advice; training materials he wrote for new lawyers or the wider profession on matters of evidence or effective appellate advocacy; and there is even a typically concise two-page summary he drafted, years before the Criminal Procedure Act 2011 was on the horizon, on how the multiple and messy sources of criminal statute law could be structured into a single coherent omnibus Act.

Simon left the Criminal Team and took over the leadership of Crown Law's Bill of Rights Team in 2002. In that role, he continued to mentor and support other lawyers and lead on the most challenging appeals concerning Bill of Rights jurisprudence in the Court of Appeal and Supreme Court. His appointment to that position followed Justice Ellen France's appointment to the Bench, and as he said in his swearing-in, his destiny was to follow her path. Ellen had been the first Team Leader of the new Bill of Rights team. From there, the only place he could go was to the Bench, which he did three years later. Some of us struggled to understand how the Solicitor-General had agreed to let him go. But after delivering, in combination, thousands of submissions, opinions, seminars and wise steers to fellow lawyers, he had already left a massive contribution to the law. If he hadn't gone on to be such a superb judge, we could have resented his departure more.

Simon was one of us for ten years – he was enjoyed and loved across Crown Law and was a kind friend to so many. He wasn't just brilliant: he was great fun. Often on a Friday afternoon, he would emerge from his office, from the relentless press of submissions, and start strolling the teams, doing large strides accompanied by big slow claps. This indicated that he was ready to chat, be distracted, and have fun. He loved comparing sports results and dissecting with other fans what had happened in Sex & the City the night before. He'd throw his head back and guffaw over a piece of legal scuttlebutt. And you couldn't go to any professional events off-site with Simon without noticing that one minute you're walking alongside, perhaps discussing your submissions, and the next he's gone – dashed into a TAB for a quick check on the horses. Sometimes a couple of times in a short distance. He'd catch you up later.

* Madeleine Laracy is the Deputy Solicitor-General (Criminal) at Crown Law. The Bar Association thanks both her and Crown Law for this tribute.