'Amateur judges' sow discord in Coalition

By ANDREW LAXON

The Labour-Alliance Coalition is divided over the appointment of more community magistrates to help overworked district court judges and cut a big backlog of cases.

The Minister for Courts, Matt Robson, wants to expand the scheme which gives laypeople - dubbed amateur judges by the Law Commission - powers to sentence and decide minor cases.

But the Minister of Justice, Phil Goff, says he is not impressed with the idea as community magistrates do not have enough legal training.

The Government's dilemna is highlighted by Department of Courts figures from last September showing a backlog of 22,339 cases, including more than 1000 jury trials, waiting to be heard in district courts.

The trial figure was up from 881 in June 1997, with officials suggesting the use of DNA evidence was making trials longer.

Mr Robson said he would like to increase the number of community magistrates in the Budget, if a mid-year evaluation showed the pilot scheme was working as well as early reports suggested.

The junior Alliance minister called the scheme "another positive step" to community involvement in the justice system.

Reminded that Labour's higher-ranked Mr Goff opposed community magistrates, Mr Robson said cheerfully: "That's why he needs me for advice."

Mr Goff told the Herald three weeks ago that he was not impressed by what he had seen of community magistrates at work in British courts.

He was sceptical of Ministry of Justice recommendations to expand the scheme but said he would keep an open mind until he received more information.

Mr Goff had earlier argued against the pilot project in select committee hearings on the grounds that laypeople were not legally trained to do the work of judges.

Community magistrates, who have wider powers than Justices of the Peace, were introduced to courts in Hamilton, Huntly, Tauranga and Whakatane as a trial last February.

They can hear bail and remand applications, conduct preliminary hearings for serious charges and sentence people on charges such as wilful damage, offensive behaviour and trespassing if offenders plead guilty or are found guilty in court.

Community magistrates can also make their own rulings and pass sentences on minor offences that carry a fine only, such as careless driving or driving without a licence.

They are not allowed to send anyone to prison but can impose sentences including reparation, community-based sentences, disqualification from driving and fines to a maximum of $7500.

The Law Commission rubbished the idea when community magistrates began work a year ago. "It is unlikely they will dispense anything approaching acceptable justice," said one commissioner, Donald Dugdale.

However, last month's ministry briefing paper to the Government said the scheme could give more positive participation for Maori in the justice system as 30 per cent of the community magistrates appointed were Maori.