Government to Review Crown Solicitors

Government to Review Crown Solicitors

Justice Minister Simon Power is to implement review of Crown Solicitors'

Lawfuel.co.nz Law News & Law Jobs - The Government is to review the Crown Solicitors' operate, according to today's NBR 'Briefcase' columnist John Bowie.

Bowie reports: "The forthcoming review of the service could revamp things in the same manner in which the beleaguered legal aid service has been gutted, although no-one's saying as much. Certainly the image of the average Crown Solicitor, quince-lipped and grey-faced, has changed in recent years. "

Justice Minister Power has radically altered the way in which legal aid is administered in the wake of Dame Margaret Bazley's damning report into legal aid. The Public Defender system has been greatly expanded under the National Government, reducing much of the work previously handled by legal aid defence lawyers.

"The average Crown Solicitor, and there are 16 of them, including two ladies (in Taranaki and Southland), has altered with higher profile crimes and television to the point where prosecutors like Auckland's lion-maned Simon Moore has added a telegenic, almost celebrity-lawyer side to his already powerful position," John Bowie repors.

"In Christchurch there's the dashing Brent Stanaway cutting a swathe through crime in his troubled city and the capital's Grant Burston sees an ambitious, capable prosecutor who's turned Justice Toogood (and my) old firm into a lean, mean prosecution machine."

"One of the main features with the service is that it is capable of attracting and retaining quality lawyers. Would this be the case under some Crown-run prosecution service, like the UK's DPP? And, indeed, would any such service wind up costing the taxpayer less and delivering more? It's doubtful, probably," the Briefcase column says.

"Without a doubt Crown Solicitors would say they're service is both efficient and economic. And they would follow up by emphasizing that the Crown Solicitors Regulations, which set their fee scale, have not changed for many years - an offence in itself, they might argue. However, all is not necessarily what it seems.

"First, the 'backstop' to any misuse of the regulations is the registrar of the relevant courts, who must certify that the fees are "fair and reasonable".

"It would be an historic "yeah, right" moment should any registrar front up to Simon Moore and say "no, these fees are bloody unreasonable Simon, and you know it! I don't care what the regulations say."

"In fact, as I know from many years ago, the upside to reasonably low fee rates is the per-charge scale that sees fees paid win, lose or draw. Multiple charges, multiple fees. I hasten to add that this was never a situation that was abused, then or now, but it helps grease the crown solicitors' wheels.

"One senior Auckland barrister told me that some Crown solicitors were making as much as a million dollars. Maybe, but is that the price for an efficient service? The fact is though, that costs have risen, particularly in the main centres, from over $26 million naitonally (2006) to almost $40 million last year. Split that between 16 law firms and some outsourced barristers and you'll realize there's money in this business.

"Added to that, there is the Serious Fraud Office budget which is undoubtedly growing, particularly when it has its panel of senior silks like Colin Carruthers QC representing it, as well as $1.4 million to Crown Solicitors over the same period.

"The biggest growth in fee income has come from Auckland, unsurprisingly, with the Auckland and Manukau prosecutions conducted by Meredith Connell and briefed barristers combined rising from $9 million in 2006 to over $15 million last year. Wellington figures show a growth from $2 million to $4.8 million, Christchurch grows from $2.9 million to $3.4 million and Dunedin from $0.5 million to almost $1 million. Interestingly, almost all the regional cities, the supposed P-ridden, crime-vegas places, remain almost static in terms of their crowns solicitors' budgets."
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