Long wait for justice continues

New Zealand’s top district court judge is warning people wanting jury trials they may have a long wait, thanks to shifting priorities and changes to how acting judges are appointed.

But courts and justice minister Amy Adams says there are now more judges than ever to deal with trials, which are generally getting heard faster.

In a letter published in the latest edition of Lawtalk, chief district court Judge Jan-marie Doogue warned lawyers there was ‘‘little imminent relief’’ from the pressures of holding jury trials.

The number of new jury trial cases had surged since 2015, and the focus for the judiciary was on resolving family violence cases and serious judge-alone trials.

‘‘The district court still has 15 per cent more jury trial cases on hand than two years ago. That’s more than 2000 active new cases,’’ she said.

‘‘In 2017, we will have to dig deeper to maintain the progress made in recent years, especially as rising crime rates produce ever more work for the courts, and at a time new constraints on judicial appointments kick in.’’

Those constraints relate to how acting district court judges are selected. Although lawyers deemed capable enough previously were able to be appointed acting judges, a law change means only former judges younger than 75 can be acting judges.

Under the new rules, many acting judges appointed in the past few years would have been ineligible, including two of Palmerston North’s acting District Court judges, Lance Rowe and Jim Large. Both those judges have jury trial warrants.

Green Party criminal justice spokesman David Clendon said it was interesting to see the chief District Court judge publicly make the comment to the law profession.

‘‘It is a ‘bear with us’ message. It is a very honest assessment, but it is also unfortunate that the district court is under such pressure.’’

District courts had taken on more responsibility over the years, but resourcing had not increased to match it, he said.

There was already an issue with getting retired judges on parttime to provide cover, so changing the law about acting judges may cause more issues, he said.

The number of judges appointed to the district court bench is capped by legislation, which had to be changed many times over the years to allow for more permanent judges. Clendon said that limited the flexibility required to address the issue.

Adams said the change to acting judges would maintain judicial independence. Additionally, the maximum number of district court judges had increased from 140 to 160 in the past seven years.

‘‘The increased cap will help meet any additional demand, along with acting judicial resources currently in place, and future permanent judges and acting judges recruited from those who have recently retired,’’ she said.

While admitting crime had gone up, Adams said rates were down on 2010 levels and the average age of jury trials was down 17 per cent since 2013. There were also ways to get district court judges using their time better.

The Manawatu Standard asked Adams if there were plans to expand courthouses to accommodate more jury trials.

She did not specifically address the issue, but said ‘‘resourcing and judicial needs are constantly reviewed between judiciary and government’’.