Criminal defence barrister charged with disorderly conduct

Police had been called several times to his apartment complex in Auckland for erratic behaviour

Criminal defence barrister charged with disorderly conduct

An Auckland-based criminal defence barrister has pleaded guilty to two charges of disorderly conduct, reported the NZ Herald.

The lawyer, whose name has been suppressed, often appeared before the Auckland District and High Courts. However, incidents involving public outbursts and erratic behaviour brought police to the lawyer’s inner-city apartment complex several times.

The lawyer was charged under the Summary Offences Act. Registry staff indicated that he is set for sentencing in the Auckland District Court in early August; penalties range from a $2,000 fine to 3 months in jail.

The lawyer’s practising certificate as a barrister is in line for renewal this year.

The lawyer’s situation highlights the issue of mental health among members of the legal profession, with New Zealand Criminal Bar Association President Chris Wilkinson-Smith telling the Herald that legal work on the front lines tends to impact lawyers’ wellbeing significantly.

“This is the emergency department of the criminal justice system. In the larger cities the cost of living makes legal aid work uneconomic and in smaller centres there are barely enough lawyers willing to fill the rosters. The Criminal Bar Association and other lawyers’ groups offer support and collegiality but can’t fix the bleak economic reality”, he explained.

Despite inflation, hourly rates for legal aid have not increased, and lawyers in this space do not get sick or holiday pay, Wilkinson-Smith pointed out.

“To earn the equivalent income from 20 years ago they need to work twice the hours”.

Following the amendment of legal aid administration processes in New Zealand, criminal defence lawyers in district courts are also not given a choice as to the clients they are assigned. In many cases, lawyers claim that they experience abuse from their clients.

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