The New Zealand Lawyers Protection Association ( NZLPA) has been set up to help lawyers who are unfairly victimized, bullied, abused, disrespected, demeaned or otherwise mistreated and oppressed by Judges/courts/ Legal aid or other organisations and individuals.

Often there is a massive power imbalance between counsel and those mistreating them. For years lawyers have had to face incompetence and mix-ups by the court on a daily basis, which they have taken without complaint as just part of the job. Much of this stemmed from insufficient funding. However others in court are part of govt departments or organizations like police, probation, public defence service, courts etc, so have support, protection and at times untouchability and unaccountability. This makes lawyers the easy target as the whipping post or scapegoats for blame.

Generally many court lawyers are sole counsel or have very few staff, back up, or resources and only themselves for support. The larger Societies and organisations set up to assist them are either too slow and bureaucratic, or just another part of the govt organisations and status quo.

The NZLPA has been formed by concerned lawyers who have witnessed the increasing trend of mainly judicial bullying without accountability. This is occurring on a nearly daily basis. Such bad behaviour will not stop of its own accord as it creates a culture of intimidation, fear and oppression. Only by opposing it can it be overturned and stopped.

While most judges are fair and reasonable there are a few who aren’t, and that is enough to poison the whole work environment. Many lawyers are in fear of making themselves targets by reporting problems or bullying by judges so try to keep their heads down and hope they escape being a target. However even that is no guarantee of safety from unfair attack. Their workplace then instead of a comfortable environment becomes a place of fear, and oppression.

Like a rip at the beach, on the surface everything is smooth.

One lawyer came in to court in Manukau, the day after a stomach operation due to fear of consequences to him if he did not appear, and starting bleeding through his shirt, but carried on. Many female and other lawyers especially junior ones avoid certain judges out of fear. It is worse than an abusive relationship as they can’t leave. Senior counsel have at times specially gone in to court once they discovered who the judge would be, or not sent juniors to appear in front of particular judges.

Many are afraid of some judges rather than their clients. At times it is like sitting in front of a pitbull never knowing when it will attack, regardless of whether there is fault or not. This is an example of the worst level of intimidation that can occur. Even when not at fault counsel sometimes stop explaining as the judges will ignore it.

The legal aid services even has signs up at court asking lawyers to do legal aid work as it needs more legal aid counsel. But treatment like this of young counsel will drive them away from such work. Working in this environment in no way enhances the efficiency or standard of work.

Others have fought back alone and found their work and careers decimated. This has been occurring for years and decades.

That is why NZLPA has been set up. This why we exist. To fill an urgent need for justice and protection.

There is a void for support and help for counsel in this situation.

There is often little or no accountability for those oppressing counsel.

Judges are almost completely unaccountable.

In 2021 there had been 3,200 complaints against Judges in the 16 years since 2005. Of those only 2 had occasions for formal discipline and even these did not have a final panel convened to deal with the matters. From 2005 to 2021 not a single judge has ever been formally disciplined. (Newsroom 27/4/21)

There is no formal procedure to discipline judges for misconduct. Even the UN Commission on Human Rights report in 2000 slammed NZ for the lack of procedure to discipline judges for misconduct. In 2004 the govt set up the Judicial Conduct Commissioner and passed the Judicial Conduct Panel Act. However there is still no formal procedure for disciplining rogue or bullying judges except removal from office by the Governor General. Removal has never ever happened.

In 2023 there were 332 new judicial complaints in the year. This was up to 31 July. It was double that of 2019. (NZ Herald 8/9/23)

From my own personal experience, practicing on a daily basis at Court as a criminal defence counsel for over 3 decades this is only the tip of the iceberg.

The justification is that judges should be immune from direct discipline, “ to ensure that justice is administered impartially”. This is to prevent political interference.

However judges must not be allowed to go rogue or act completely wrongfully, unjustly and unfairly. They cannot be completely uncontrollable.

Obviously the judicial complaints procedure appears to be a futile, toothless procedure, which protects Judges.

Now is the right time that judges are made accountable. Only by exposing the wrong to light can this fundamental problem be ended.

Many counsel facing what they believe is unfair victimization feel that the current systems are aimed at counsel not for their protection. That they can never get justice from these forums.

Often Natural justice, fairness can be ignored with impunity, especially at the time they are most vulnerable, when actually being oppressed or unfairly facing investigation and serious even career ending sanctions.

Having spent several decades in the criminal legal profession and as a councilor on the ALDLS for a few years and the NZLS Auckland council, and previously in many legal committees I have seen how this has occurred. I have seen counsel destroyed and beaten down when they were most vulnerable. Crushed by the system.

I have worked at this Manukau Court in the South Auckland community I grew up in, since it opened 25 years ago, and before that at Otahuhu.

I have seen and suffered bullying in my life, and I hate it. My intermediate was a couple of hundred metres from where they filmed the pub in Once Were Warriors. Seeing school gangs of 30-or more kids coming around the brewery covering the road while you waited at the bus stop, would make your heart flip. Then be surrounded in a circle to fight someone while others punch and kick you with cheap shots. It taught me that bullies never stop unless you fight back. But even they were minor bullies. They never attacked your family and tried to destroy your career and livelihood.

Once a target is painted on lawyers backs, the complaints and problems increase. The effect is cumulative. They are overloaded with requests, demands, investigations, required responses and pressure which crushes them emotionally and psychologically, with no one to help them and often no financial means to defend themselves. Is there little doubt that their work quality would then lessen? Even if at times allegations seem unfair or insufficient or unjust, the lawyers in that state are often unable to effectively mount a defense. They have suffered serious depression and other mental health issues, and physical health deterioration and other serious effects of extreme stress when facing the loss of their livelihoods.

Many, especially legal aid lawyers may often only be a paycheck or so from being homeless or in financial hardship. It is not the glamorous life everyone thinks it is.

Many at Manukau work solely on legal aid assignments. If their legal contract ends, it will end their income, their livelihood and career, and destroy their families.

Yet one very senior judge told legal aid to end someone’s contract ( career) for a minor issue. The sanction must be proportional to the wrong. This behavior is absolutely ruthless, inhumane and unwarranted. Crushing and destroying people’s lives and hurting their families, just to crunch court performance numbers and make the court look better is intolerable and unacceptable. Lawyers who have spent decades building a career should not be cast away with as much consideration as a used tissue.

We the NZLPA will protect them, fight for them and ensure that they get a fair deal.

The goal of the NZLPA is to create a support for counsel in their worst hour of need.

To let them know they are not alone, that justice does exist, that power and position of those oppressing them does not guarantee that they will not be overcome. That justice will be brought home to the unjust.

We will help assist counsel to improve if there are valid issues, as can often be the case. We believe that help and assistance not excessive punishment is the best approach, and more serious sanctions should only be applied as a last resort.

That sanctions if required are fair, proportional and there is parity, not unfettered discretion of the decision makers. Also that the decision maker is fully and easily accountable for abuse.

AIMS

• We want to ensure that counsel’s human and civil rights are protected. That there is no unfair victimization ,being singled out while others suffer no sanctions, We seek to provide safety from discrimination due to race or other irrelevant consideration. Laws and rules must not only be fair, but most importantly must be fairly and evenly applied.
• We will try to defend and help counsel in need, as well as their families, and help protect their livelihood and careers.
• We will strive to work with the judiciary, the courts, and all other relevant govt departments as well as NGO’s and other legal organizations to ensure justice, fairness and accountability occurs.
• We want all lawyers to have the ability to work with others in our NZ justice system as the efficient team that they should be. To enable them to eke out their existence safe from bullying, abuse, unfair treatment and oppression.
• We want to create the best safe work environment for all.

If you want to ensure counsel are fairly protected. If you have ever felt completely helpless under unfair attacks, allegations or investigations. If you have seen this happen to counsel you know, then you understand the emotional, mental and financial pain and suffering they endured without solace. We, the NZLPA want to provide a haven of protection for them.

If you believe in what we stand for. If you support justice, if you believe our cause is just.

Then contribute assistance to help other less fortunate lawyers. We cannot do this alone, and that is why we have set up the NZLPA.

It is said that you cannot fight the system. We believe justice will prevail.

Help protect our profession and all our future lawyers.

In Unity is strength.

Ted Johnston BSc BA LLB
Founding President
New Zealand Lawyers Protection Association.

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