Frustrated judge lashes out at admin failures

By JAN CORBETT

Badly run and under-resourced courts are preventing judges from doing their jobs, says one judge who is tired of apologising.

In an angry outburst, Auckland District Court Judge Michael Lance, QC, said he was putting his criticisms on the public record so that people "can understand that it is not me, not the judges who cause these delays. They arise from administrative failures and do not give the judges the opportunity of doing their work properly".

His comments are backed by lawyers and organisers for the Public Service Association (PSA), who believe the problem stems from an exodus of senior staff who have left for better pay and conditions.

A frustrated Judge Lance explained to the court that he was unable to sentence two people on serious assault, threatening to kill and drugs charges because a pre-sentence report had not been put on his desk until that morning, even though it had been delivered to the court offices two days earlier.

"I am not going to sentence people on serious matters, having about 20 seconds to read, digest and then consider a report," he said. "I am tired of the inefficiencies in this respect displayed in this court."

When he tried to organise an alternative time, all the staff were in a meeting.

The judge said he was sick of apologising "for being unable to conduct the court business in a timely, seemly and proper way".

Criminal Bar Association president Richard Earwaker has been told of a number of instances of lawyers, witnesses and victims arriving at court for hearings only to discover no judge had been allocated or the courtroom had been double-booked.

He said his members planned to approach the court about it.

Mr Earwaker said the court staff were working hard but were hampered by inexperience and insufficient training.

PSA national secretary Richard Wagstaff said a downward spiral of low pay attracting less skilled staff put pressure on existing staff.

"The system is close to breaking," he said. The PSA has been working with the Department for Courts on pay for court staff and has discovered their rates are 17 per cent lower than for the rest of the public service.

It met Courts Minister Matt Robson on Thursday to press the case for more money.

A spokesman for Mr Robson said the minister acknowledged that the court staff had a case for higher pay, but reminded the PSA of the Alliance's position, "that if the Government was to invest in the public service and provide adequate pay and conditions, the country needs a more progressive tax system".

The Department for Courts northern regional manager, Tony Fisher, said the Auckland District Court had a high staff turnover last year, losing 15 to 20 per cent to the private sector.

But he said that had stabilised this year and at present only six out of 115 positions had not been filled. A nationwide staff training programme had begun in July.

Although the Auckland District Court's budget had been increased by nearly 3 per cent for this financial year, the Weekend Herald understands it overspent last year's budget by close to $4 million and is now having to cut costs. This year's budget is $6.3 million.