Repeatedly the Governor pressed upon Lord Hobart the urgent need of remodelling the Courts of Judicature. Lord Hobart vaguely lauded the Governor's views, but did nothing to give them effect. In August 1803 King devoted what he labelled as a "Separate, Judge's Letter" to the subject.
The Civil Court was composed of the Judge-Advocate and two persons chosen by lot from the officers, civil and military, and respectable free men. In practice it had consisted of the Judge-Advocate, a military officer, and a civilian or the naval officer. King said it was obvious that, "however a sense of equity may be implanted in every man's breast, . . . there is very little probability of a soldier, sailor, or surgeon having ever made the law so much their study as to be equal to judge entirely for themselves in giving a verdict without the advice of the Judge-Advocate. This would be attended with no great evil if the Judge-Advocate (Atkins) had a competent knowledge of the law, and it had made a part of his education, which would give greater confidence to the parties, the members, and the Governor, in cases of appeal." The Governor
"either as a soldier or sailor (I speak for myself), cannot be supposed to have made the law his study, and must consequently need that information and advice which could only be given by a person who has made that profession some part of his study, and has no occasion to tumble over volume after volume (and perhaps in doubt at last) for what ought to require but little examination."
From Atkins and his colleagues "there has scarce been a cause without an appeal, which takes up too much of the Governor's time." He trusted he had "in no instance departed from the dictates of equity between man and man, although I certainly might have derived much benefit from the advice of a professional man as Judge-Advocate." He adverted to the characters of Crossley, the convict attorney, and of another convict attorney, whom Governor Hunter had conditionally pardoned on his arrival, and made clerk to the Judge-Advocate. The man committed so palpable a perjury in the Appeal Court, that King, as Judge,
"ordered him to be transported to Norfolk Island, but on the solicitation of the Judge-Advocate and others I deferred it. He still remains an indispensable assistant to that officer; but your Lordship will readily perceive the impropriety of the only law officer in the colony having so bad a character as an assistant. Perhaps such assistance would not be necessary for a professional man."
