A judge accused of making racist remarks to Aboriginal defendants expressed negative "race-based generalisations" from the bench but did not cross a line that would warrant his sacking, according to the Northern Territory's top local court judge.

Key points: Alice Springs-based judge Greg Borchers was the subject of a complaint alleging judicial misconduct

Alice Springs-based judge Greg Borchers was the subject of a complaint alleging judicial misconduct His comments about a woman abandoning children in "that great Indigenous fashion" were found to be improper

His comments about a woman abandoning children in "that great Indigenous fashion" were found to be improper A peak legal body says the complaint's outcome is disappointing and highlights the need for reform

The NT Chief Judge Elizabeth Morris has finalised her investigation into a complaint against Alice Springs-based judge Greg Borchers made by the Criminal Lawyers Association of the NT (CLANT).

The association alleged in July that Judge Borchers had engaged in judicial misconduct by making racist remarks to defendants and bullying conduct towards its lawyers.

Five examples were cited from a six-month period — including Judge Borchers telling one defendant she had abandoned her children and parental responsibilities to go and get drunk "in that great Indigenous fashion" — starting less than a year after similar comments saw him reprimanded for inappropriate judicial conduct.

In her findings Chief Judge Morris said Judge Borchers had expressed "a willingness to continue to engage with judicial education and services". ( Flickr.com: CC BY-NC-ND )

In a written response to the complaint Chief Judge Elizabeth Morris said she considered Judge Borchers's behaviour fell short of serious judicial misconduct, but she considered he had made improper comments containing negative racial stereotypes.

Chief Judge Morris considered Judge Borchers went "beyond the proper bounds of denunciation in sentencing" when he made the "great Indigenous fashion" comments to a woman brought before him in Tennant Creek in April this year.

"[The] characterisation is that Indigenous persons who are in receipt of social security payments squander government money, get drunk and abrogate their parental responsibility," she said.

"Whatever the judge's subjective intention may have been, and whatever the defendant's personal profile may have been, the generalisation was improperly made in the conduct of the judicial function because it conveyed a negative stereotype on the basis of race."

She was also found that Judge Borchers made improper comments when he said a man who had assaulted his partner acted "just like a primitive person dragging his woman out of the cave".

Chief Judge Morris said the remarks tended to reflect "the antiquated and erroneous equation of Indigeneity with primitivism".

Two of the examples cited in the complaint related to allegedly bullying treatment of a defendant's lawyer — Chief Judge Morris rejected the basis of one and said the judge did not exercise the restraint, courtesy and civility required of a judicial officer in the other.

Comments don't amount to misconduct warranting removal, Judge says

Chief Judge Morris said the lack of a formal complaints process in the Northern Territory meant it would be inappropriate for her to make a formal determination, but stated that she did not consider Judge Borchers comments "disclosed in this and previous complaints constitutes judicial misconduct warranting removal."

She also said the absence of a complaints framework meant she had no power to impose any sanctions, "the conclusions I have reached notwithstanding".

In a statement, Northern Territory Attorney General Natasha Fyles said work on a judicial complaints commission for the NT was ongoing, with legislation to be brought to Parliament early in the new year.

CLANT president Marty Aust believes CLANT was considering referring the matter to NT Parliament. ( ABC News: Bridget Judd )

CLANT president Marty Aust said the outcome of the association's complaint was disappointing and highlighted the need for change.

"At the moment [a judge is] either found to have engaged in serious misconduct which can mean a referral to the legislative assembly for termination, or basically nothing happens," he said.

But he also challenged the chief judge's view that Judge Borchers' conduct does not amount to serious judicial misconduct and said CLANT was considering referring the matter to NT Parliament.

NT Attorney-General Natasha Fyles said work on a judicial complaints commission for the NT was ongoing. ( ABC News: Mitchell Woolnough )

"Does this ongoing and consistent inappropriate behaviour amount to serious misconduct and should we as a committee refer it to the legislative assembly to consider whether [Judge Borchers] should be terminated?" he said.

Judge Borchers declined to comment on the complaint or its outcome.

In her findings Chief Judge Morris said Judge Borchers had expressed "a willingness to continue to engage with judicial education and services".

She also said that she considered "judicial stress and intemperance" could result from the heavy workloads carried by judges "exposed as they are on a weekly basis to hundreds of cases involving violence, neglect, drunken and abusive behaviour and often the effects that this behaviour has on children".

The Chief Judge said she had begun the delivery of a program for all judges, including Judge Borchers, to meet her goal of a safe and healthy workplace with an equitably shared variety of work.