Competency tests for legal aid lawyers under reforms

File photo.

The Government has announced reforms to the legal aid system that will see legal aid lawyers sit competency tests.

The changes come after a damning report from Dame Margaret Bazley who alleged the justice system had been undermined by more than 200 corrupt lawyers who were rorting the taxpayer-funded system.

Dame Margaret's comments were criticised by 17 Manukau lawyers who called on the Minister to put forward evidence of corruption to the police or the Serious Fraud Office.

Mr Power said Dame Margaret's report identified system-wide failings and pointed to an urgent need to rebuild trust in our legal aid system.

"I was deeply concerned by the problems Dame Margaret found. They go to the very heart of the integrity of our legal system and it's essential the Government moves quickly to address them. The changes I am announcing today do that," Mr Power said.

Mr Power said legal aid lawyers will have to demonstrate competence and will be assessed according to objective criteria.

Selection committees will be established to accredit lawyers, who will need to demonstrate they meet the criteria by providing feedback from senior members of the legal profession.

The Justice Ministry will monitor the performance of providers. This may include court observation, client feedback, and peer review processes, Mr Power said.

He said a Performance Review Committee will be established to consider concerns and impose sanctions where appropriate, which may include non-payment for lawyers who do not deliver the required service.

"If a problem is significant enough to call into question the overall performance of the lawyer, the Performance Review Committee will assess whether any additional sanctions should apply. These could include working under supervision or suspension from legal aid provision for a period of time," Mr Power said.

He said the performance monitoring will be in place by July, 2012.

Mr Power said the public defence system will be expanded to Wellington, Christchurch and Hamilton which will see salaried staff used, rather than contracts awarded to lawyers through legal aid services.

He said a review of the public defence system found that it was cheaper to run and the service provided was of at least the same quality.

Mr Power said the Legal Services Agency will also be brought into the Ministry of Justice and an independent statutory officer will grant legal aid.

He said the process for applying for legal aid will be streamlined and include a shorter application form for lesser claims.

The changes will be made over the next two years.

The new legal aid system will include:

* legal aid lawyers having to demonstrate competency to a selection committee with performance monitored and sanctions imposed where appropriate. Lawyers will have to re-apply after a fixed term (usually three years);

* expansion of the Public Defence Service to Wellington, Christchurch, and Hamilton. The service provides legal aid through salaried staff rather than contracted lawyers;

* appointment of supervisors and enhancement of criteria for selecting duty solicitors;

* streamlining of processes for assessing applications for low-cost criminal cases in the summary jurisdiction; and

* replacement of the Legal Aid Review Panel with a Legal Aid Tribunal, to increase transparency in decision making.

Mr Power said he was confident the changes would improve the quality and efficiency of the service.

Amending legislation is required to implement many of the changes, and will be introduced to Parliament later this year.

Last year there were 85,156 legal aid grants costing taxpayers $131 million.

- with NZPA