Despite leaving a legacy as the first woman in Australia to be appointed Director of Public Prosecutions, retiring District Court Judge Her Honour Leanne Clare SC was simply “doing the work she loved”.
Her Honour’s lasting impact on the Court was acknowledged at a recent valedictory ceremony in Brisbane’s Banco Court, which was streamed to regional courts including Rockhampton, Bundaberg, Warwick, Toowoomba and Ipswich, where she was born, schooled, met her husband at high school and once presided.
Chief Judge Devereaux SC said Judge Clare, a mother of two, reduced obstacles to women who were advancing their careers in the law, and was known for her leadership, mentoring, handling of difficult appeals and backing staff without fail.
“Judge Clare’s fearless and tireless contribution to the work of the court on behalf of the community is an example to us all,” the Chief Judge said.
“Her Honour will say she did nothing special – she just did her job. The thing is Judge Clare gave her everything to two unusually challenging jobs and if Her Honour was just doing her job then the style and manner in which she did them cause for full recognition respect, and indeed celebration.”
His Honour said he remembered when he first met Judge Clare at the bar table in the Court of the Appeal, she greeted him with “Hi I’m Leanne from Ipswich”.
The Chief Judge recalled being extremely nervous but said he remembered nothing of the proceedings “but the disarmingly, approachable humanity that was there behind the fear advocacy”.
“Many of you have a close connection to Judge Clare. And perhaps all of us who have met her feel that way.”
Queensland Law Society Immediate Past President Rebecca Fogerty said as a significant chapter closed, thoughts turned to legacy.
“On one view, a judge’s true legacy lies in the quiet decisions, the consistent values and the way that they uphold the values of the institution they serve. On this view, Your Honour has achieved this in spades,” Rebecca said.
“But there is another aspect of legacy to explore today, and that is the idea that a legacy belongs not to an individual, but to the community that carries it forward. Your Honour was the first female director of Public Prosecutions in Australia – that is a legacy for the history books.
“Your Honour was also the first mother in that role. Your Honour was the first mother to prosecute in Queensland. When you returned from leave, you travelled to trial circuits with your baby.
“This is where legacy – Your Honour’s legacy – takes on its own life. To be the first is never easy, because it often means walking a path for which there is no map. But perhaps it creates a map for the others who walk after you.
“Criminal trial or appellate work is not for the faint-hearted, and that is even more so when it is combined with the care of young children. You set an example, one that was studied, followed, appreciated, by countless women whom you will never know. Your example told us that to lead does not mean family should be sacrificed, or that to have a family does not mean stepping back from leadership.
“Balancing family life with the demands of lawyering is now part of our ongoing discourse as a profession. And on behalf of the solicitors of Queensland, I acknowledge, and I thank you for this aspect of your legacy.”
Rebecca said another aspect of Her Honour’s legacy were the reforms that she was instrumental in – modernising processes by which children and other victims of sexual violence and serious offences gave evidence.
“Many practitioners, myself included, have grown up in a time where pre-recorded evidence, limitations on improper questioning of child witnesses, are all we have known,” she said.
“These reforms have been critical to public trust in our system of criminal justice as contemporary understanding of these issues evolves. And on behalf of Queensland’s solicitors, I thank you.”
Judge Clare, who was initially reluctant to have a valedictory ceremony, thanked all the speakers for their “very kind words – they were very generous”.
“I didn’t think this would be a very good of idea but having heard all of that … and I feel very honoured that you would come today,” she said.
“Having come to these types of ceremonies for a long time, I understand that it is quite usual to engage in eulogizing and hyperbole, but today I must say you were all very convincing.
“And I think you made some excellent points although I intended to be argumentative, I do not propose to do that.”
Her Honour said after listening to the anecdotes from the Bar Association of Queensland President, “I’m starting to think I may be a little absent-minded.”
“I have to warn you at the beginning if anyone expects wit from me today they’ll be sadly disappointed because I am too emotional at this point and hope that you will forgive me.
“No one gets here on their own. There are many people I know who have helped me through my whole life. There are three people who set up my career – they are the late directors Des Sturgess QC, Royce Miller QC and Mr Peter Feeney of counsel. I should add Mr Feeney is very much alive and well, and happy to say, here today.”
She paid tribute to those three “giants in criminal law” and was grateful through “sliding door moments I managed to come within their orbit”.
Judge Clare credited Mr Sturgess for giving her a start in the director’s office as he was setting up a specialist unit for the prosecution of child sexual abuse cases and was looking for young women in particular.
“I was 23 and pretty clueless and struggling with a difficult client. I was coming out of a door and Des was going in, and he asked if I was admitted to practice and that’s all it took,” Her Honour said.
“Very soon I found myself with a brand new job and one that would change the whole trajectory of my career. And it all happened because I was a woman who happened to be in the right place, at the right time, and throughout my career there has been a lot of serendipity.
“But it is very soon after I joined the office that I realized that this is where I wanted to be, I thought I wanted to be a defence counsel but taking that opportunity with Des, I found my place and I found my people.
“And because of that for the next 22 years I got to do the work I loved and I got to do it alongside dedicated people who were as committed and passionate about truth and justice as I was.”
Her Honour thanked her family for their support along with the Bench and her Associates.
“It has been a privilege for me to sit on this court with these judges. It is a happy place and the wise and steady leadership of our Chief Judge and of that of his predecessor Chief Judge O’Brien have grown this happy court,” she said.
“I know I will miss this. I miss my Associate, she doesn’t know how much. I had four months off work and without her I have lost five pairs of glasses, fallen in a field of steam and broken my wrist.
“The selection of Associates has been my super power. I have had 17 associates and all of them have been magnificent – they were clever, super keen and very, very lively in chambers. My only regret is the amount of time I had them hunting for glasses and my keys and my security pass.”
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