Bruce Slane: Part-timers clear space for judges

Opinion

Sir Douglas Graham's idea of appointing part-time paid community magistrates for the district courts is being realised in Auckland. Eight magistrates were recently sworn in at Manukau court on January 29.

As Justice Minister, Sir Douglas introduced a change in the law although there was some opposition from the Law Society and the justices of the peace.

The lawyers thought only legally qualified practitioners should be appointed to the bench while the justices thought they could do the job but it was about time they got paid for court sittings.

But the scheme went through the House to be implemented by the Courts Minister (then and again now) Georgina te Heuheu.

The first community magistrates were appointed to courts in the Waikato and Bay of Plenty in a pilot scheme in 1999. There are now 10 working out of Hamilton, Tauranga, Huntly and Whakatane.

A Justice Ministry analysis in 2007 showed that, in the district courts where community magistrates sat, the judges were freed to deal with more serious cases.

The concept was not pursued further until last year, when the Minister of Justice, Simon Power, decided to advertise for magistrates to sit in Auckland, Manukau, Waitakere and North Shore.

Community magistrates sit alone and have a criminal jurisdiction for any offence carrying a maximum penalty of up to three months' imprisonment. They can deal with a range of lesser traffic offences. They can also hear applications for adjournments, bail and can impose fines of up to $7500. While they cannot send offenders to jail, they can impose significant community-based sentences, driver's licence disqualifications and also order reparation.

The Graham concept was for part-time judicial officers drawn from people active in the communities the courts serve.

As a result of advertising, 350 applications were received. The selection process was rigorous.

A panel representing the secretary for justice, the president of the Law Society and the chief district court judge selected 20 candidates for interviews, but two subsequently withdrew.

Of the 13 women and five men interviewed, seven were justices of the peace. Two were Maori, two Samoan and the rest were European/Pakeha or did not specify.

The aim of the interviews was to identify up to 12 applicants to recommend as suitable for training.

The panel assessed them against six key competencies and made an overall assessment of their suitability for appointment:

The competencies included:

* Relevant qualifications and experience.
* Effective communication skills.
* Reflection of society and awareness of its diversity.
* Tikanga Maori.
* Personal integrity.
* Good judgment.

The panel considered that 12 rated highly with the necessary skills and qualities and should go forward for training. Justice Minister Power approved.

The intensive training course, facilitated by judges, was spread over two weeks separated by a week observing courtsittings.

The successful candidates not only have to demonstrate knowledge of the law but also have to be able to make decisions. They need to work with prosecutors, defence counsel and defendants to get through the cases.

A courtroom presence is essential while cross-cultural sensitivity and the ability to communicate in a straightforward way are important.

The chief judge certified that eight had passed the course and were designated as qualified for appointment. They took their oaths at a ceremony at Manukau court on Friday, January 29.

The seven women and one man bring a range of qualifications, career experience and involvement in the lives of Aucklanders of diverse cultures. Three of them have at some time practised as lawyers. Others have been in decision-making roles in the community, including local government.

Three are justices of the peace, but the justices and the legally qualified had to compete on their merits with other applicants.

The quality of these people has impressed me. Judges are often said to be remote and out of touch. These magistrates have shown a keen interest in engaging with others.

They will be on the bench only part time. It is expected they will work 50 per cent of full-time, so their links to the community will not be lost. Magistrates earn their $50 an hour sitting fees.

The chief district court judge will decide where and when they will sit. He described the appointments as advancing the current modernisation of the justice process.

The new magistrates will free up five judges to help reduce the backlog of criminal cases.

It is likely community magistrates will conduct list courts where they will hear adjournment, remand and bail applications and sentence minor offenders who plead guilty or are referred by a judge for sentencing. They will make dozens of decisions in a morning.

If Sir Douglas pops into one these courts in a few months, I'm sure he'll be pleased with the success of his creation: the community magistrate.

Those appointed are: Rebecca Ewert of Newmarket; Philip Greenbank, JP, of Papatoetoe; Dianne Hale, JP, and Janet Holmes, JP, of Devonport; Lauolefale Lemalu of Manukau; Lavinia Nathan of Whangaparaoa; Joanna Sihamu of Remuera; and Fenella Thomas of Laingholm.

* Sir Bruce Slane, a former president of the New Zealand Law Society, was a member of the panel which selected and interviewed applicants.