James Dowling

Sir James Dowling (25 November 1787 – 27 September 1844) was an English-born Australian jurist in New South Wales, Chief Justice of the Supreme Court of New South Wales 1837 – 1844.

James Dowling was born in London, England, the son of Vincent Dowling of Queen's County, Ireland, and brother of Alfred Septimus Dowling. Educated at St Paul's School, he later became a parliamentary reporter, studied law and was called to the bar at the Middle Temple in May 1815. He edited the second edition of W. Paley's Law and Practice of Summary Convictions, and was also responsible for several volumes of Reports of Cases.

Dowling applied to the Colonial Office for an appointment in June 1827 and on 6 August 1827 he was appointed third judge at Sydney, where he arrived in February 1828. He acted with consideration and tact over a question of precedence which immediately arose. Governor Ralph Darling held that the terms of his commission placed Dowling next in precedence to the chief justice, Francis Forbes, while Stephen, the other judge, pointed out that in England such questions were decided by seniority. Dowling suggested that the matter should be referred to the home authorities, and that in the meantime Stephen should take precedence. The question was settled in favour of Stephen's view, and Dowling cheerfully accepted the position of junior judge. The state of Stephen's health, however, threw a good deal of work on the shoulders of Dowling, who also learned that in Sydney in those days a judge was constantly open to criticism. In June 1832 he found it necessary to defend his judgment in a particular case which had been criticized in letters printed in the Sydney Monitor, and was assured by Viscount Goderich that he would not permit himself "to entertain even a momentary impression to his prejudice". In December Stephen retired and Dowling became second judge. In January 1834 some remarks of Dowling's on the conduct of a criminal trial led to the three judges drawing up an important memorandum suggesting many possible improvements in dealing with criminal cases.

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