Contracted lawyers may not guarantee a quality legal defence

The need for continuing high professional standards and a robust accountability system are two elements that Kitty McKinley, a community worker in Wellington, will be looking for from the new Public Defence Service.

The new Public Defence Service, launched today in Wellington by Minister of Justice Simon Power, provides an in-house legal aid service through the use of salaried staff rather than contracted lawyers.

The PDS will take on a third of all cases in the Wellington, Lower Hutt and Porirua.

As he attempts to cut the legal aid bill, Power is under pressure to maintain a just and fair legal system.

“I have witnessed legal aid lawyers who were excellent and some who did not serve the best interests of their client and who provided an inferior service that is costly to the taxpayer”, McKinley says.

McKinley, with 30 years of experience in and around the District Court maintains one unfortunate aspect of the PDS will be the inability to access the best lawyers, ones with whom community groups have built up excellent, professional and trusting relationships.

“They have provided our disadvantaged clients with fair and excellent representation”.

McKinley says it was a win-win situation. “If the case was straightforward and simple they charged neither us nor Legal Aid”.

Power maintains the conviction rate is similar to before the PDS and the major difference is a two-thirds reduction in jury trials, saving in excess of $400,00.

“I see the PDS as playing a vital role in the new, higher-quality legal aid system which the Government is establishing following on from Dame Margaret Bazley’s review of legal aid,” said Mr Power.

The PDS is already working in Auckland and later in the year will be deployed in Hamilton. Christchurch was also due for the service, however after the earthquake, plans are now on hold.

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