Revised criminal legal aid assignment procedures at the Auckland and Waitakere District Courts
Effective from 17 July 2006
Background
For the Auckland and Waitakere District Courts legal aid providers are no longer required to be duty lawyers at the court in order to be eligible for category 1 & 2 rotation assignments. The removal of the link between participation on a duty lawyer roster and eligibility for assignment requires an amendment to existing instructions. The instructions below amend paragraphs 23 and 24 of current Agency policy on assignment and reassignment, as it applies at the Auckland and Waitakere District Courts.
Revised instructions: Assignment of proceedings categories 1 & 2 criminal legal aid cases at the Waitakere and Auckland District Courts when there is no preferred lawyer
The assignment of criminal cases at the Waitakere and Auckland District Court will operate as follows:
- For proceedings categories 1 & 2 cases when there is no preferred lawyer, assignment will be to criminal providers who have advised Agency staff at the court of their availability to undertake assignments on a particular day.
- Lawyers are not required to be on the duty lawyer roster at the court in order to be eligible to receive assignments
- As is currently the case lawyers will not be eligible to receive rotation assignments on days they are rostered as duty lawyers. This requirement will minimise conflict between the role of duty lawyer and assigned counsel on any particular day
- Lawyers must advise Agency staff at the court before 9.30 am each day of their availability to undertake rotation assignments. Advice can be by telephone or in person. Telephone contact details are:
o Waitakere District Court – (09) 838 4120
o Auckland District Court – (09) 368 1290 - Lawyers seeking assignments must ensure that Agency staff are aware of their mobile phone number. They should also check with Agency staff about any other requirements specific to the court.
- Agency staff will assign cases on a rotational basis, making sure that there is an equitable distribution of cases across all lawyers who have indicated availability. As each application is processed and a grant made, contact will be made with individual lawyers. If the lawyer cannot be contacted, or cannot be present at the court by the required time (in most cases by 10.30 am although different timing may apply), Agency staff will assign to the next available lawyer.
- A further check on equity of assignment will be undertaken at the end of each week.
For proceedings categories 3 & 4 cases where there is no preferred lawyer, assignment will be off a list of category 3 & 4 lawyers. The process for the assignment will remain as detailed in paragraph 24 of current Agency policy on assignment and reassignment.
