Law Society receives details of criminal legal aid assignment changes
The New Zealand Law Society says the Legal Services Agency (LSA) will be writing to all criminal legal aid lawyers early next week with details of changes to the assignment of categories 1 and 2 criminal legal aid cases.
The Society says it has been advised that from late November 2010, criminal lawyers will need to be on a assignment list to receive categories 1 and 2 cases. Lawyers will be asked asked to let the LSA know their preference of assignment list and the specific courts they want to receive assignments from.
Categories 1 and 2 cases will be assigned by rotation to lawyers on an assignment list. The LSA says the lists will provide adequate coverage to each court and enable an even allocation of cases to lawyers in each court cluster.
Category 1 and 2 cases make up around 96% of all criminal legal aid cases and apply where the most serious charge carries a maximum penalty of not more than 10 years imprisonment.
The LSA has advised the Law Society that based on the number of current active legal aid providers, approximately 60% of lawyers may be assigned more cases than at present. Actual assignment numbers will depend on how many lawyers who do not currently seek categories 1 and 2 assignments decide to join an assignment list.
In the Auckland, Waitakere, Manukau, Papakura and Pukekohe courts, lawyers receiving criminal case assignments are currently required either to be at court or to attend within a short time to represent their client at first appearance.
The LSA has advised that alongside the introduction of rotational assignments for categories 1 and 2 cases, this requirement will change. Instead, duty lawyers will represent the client on first appearance. In most cases lawyers will be notified of legal aid assignments for all categories of cases by letter, email or e-text.
The Legal Services Agency says it is working with court staff, duty lawyer supervisors, police prosecution staff, and local lawyer representatives on the detail of how these changes, including the treatment of urgent cases, will be managed.