Goff rejects criticism of public defenders' office

By RUTH BERRY political reporter

The Government is ploughing ahead with plans for a new public defenders' office, dismissing an Auckland District Law Society challenge as an attempt to protect lawyers' pay packets.

The legitimacy of a pilot - to cover some cases in the Manukau and Auckland courts - was questioned when Justice Minister Phil Goff announced the plan last year.

The Auckland Law Society has since challenged the plan, claiming it breaches legal aid laws.

The Criminal Bar Association has also raised concerns.

Under the scheme, legal aid lawyers will compete with those on the Government's payroll to defend criminal cases.

Up to a third of legal aid cases in the two courts are eventually expected to be covered by the office.

Mr Goff said the Law Society had argued that the Government had breached its obligations to properly consult its members.

Crown Law believed "that was patently incorrect and not even upheld by its [the society's] own legal opinion", he said.

The society also raised objections to the size of the pilot and the effects it would have on individual Auckland lawyers.

Mr Goff said Crown Law had also rejected those claims and he believed the society was clutching at straws.

"It's natural that the Auckland District Law Society in its representation of a trade union capacity would want to protect the interests of its members."

Mr Goff said similar systems operated in Canada, Australia, England, Wales and parts of the US.

It aimed to create a competitive environment and prevent the potential for some lawyers to spend longer on cases than necessary because they were paid legal aid by the hour.

Estimates suggested that of the 207 lawyers working in the affected Auckland courts, only 10 were likely to suffer a significant drop in cases.

"The key purpose is really not so much as a money-saver but to ensure we get the most effective legal service under legal aid provisions at the most reasonable price."

The president of the Auckland District Law Society, Raynor Asher, could not be reached, but National's associate justice spokeswoman, Judith Collins, a former president of the society, said the plan did not have the support of the legal fraternity.

Legal aid work was already highly competitive and not particularly lucrative, she said.

Criminal lawyers valued their independence and minimised costs in order to make a living.

The Government was either going to have to pay large salaries to convince good lawyers to cross the fence, or accept "third-rate" lawyers who could not find work elsewhere.

The cost of setting up the office would also be significant.

But Mr Goff said overseas experience had found public defenders' offices "provide the same quality of service at a lower cost or a better quality of service at the same cost".

Auckland lawyer Michael Corry will head the new service.

Legal aid

* Legal aid money pays private practice lawyers to defend people.

* System cost about $100 million last year.

* Government to employ its own lawyers, called public defenders, to control costs.

* A five-year pilot with 25 lawyers to start in Auckland and Manukau courts in May.