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Home / Bay of Plenty Times

Trial lawyers welcome gowns

Bay of Plenty Times
18 Nov, 2010 08:17 PM3 mins to read

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Senior Tauranga trial lawyers are applauding this week's decision requiring barristers to wear gowns during district court jury trials in a bid to bring more formality to proceedings.
The decision was announced by Chief District Court Judge Russell Johnson earlier this week and takes effect from February 28.
All counsel in a
jury trial in a district court in New Zealand will be required to wear a barrister's gown appropriate to their rank from that date.
Paul Mabey QC said he was "very much in favour" of this move.
"I think trial by jury is an essential constitutional right of all citizens, to be able to sit in judgment of each other," he said. "Wearing of gowns emphasises the dignity required to be shown to the court and the importance of the proceedings.
"From the public's point of view, if they see barristers in formal dress it will reinforce how important it is that a trial-by-jury is a dignified, solemn procedure."
Mr Mabey said jury trials were once all held in the High Court but today most were held in the district court and there should be no difference in the formal procedures, no matter which jurisdiction the trial was held in.
Barrister David Bates said he too was happy about the decision.
"I do think wearing gowns marks out the lawyers from others involved in the court process," he said.
"It also visually creates a sense of occasion and reinforces that courts are importance places dealing with serious business.
"A jury trial is a great occurrence for any client no matter what the gravity of the offence they are charged with.
"Wearing of the gowns is an important visual marker to emphasise how important the proceedings are whether the impact ends up being huge or small, it has huge significance in their life."
New Zealand Law Society president Jonathan Temm said he welcomed the announcement.
Mr Temm said the law society had sought feedback from lawyers around the country over the issue and, while support had not been unanimous, a significant majority of the legal profession backed the move.
Chief Judge Johnson said in coming to his decision he heeded the advice of the law society that there was overwhelming support for the wearing of gowns by its members, the New Zealand Bar Association and the wider legal community.
"I believe this move will bring more formality to the trial court, and serve to remind counsel of their obligations of the profession they represent," he said.
"It will also highlight to all court users the dignity required during the court proceedings and the serious nature of matters being conducted."

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