Criminal practitioners, judiciary attend rare forum on practical concerns, pressures

Attendees from Auckland, North Shore, Waitakere discuss court communications, adjournments

Criminal practitioners, judiciary attend rare forum on practical concerns, pressures

On 10 February 2026, in the Auckland District Court jury assembly room, members of the judiciary and criminal practitioners from across Auckland, North Shore, and Waitakere participated in an uncommon, in-person session to discuss the practical operations of criminal courts. 

“It is not often that there is dedicated space for this level of exchange between the bench and the bar,” said Julie-Anne Kincade, convenor of the Criminal Law Committee of the Law Association of New Zealand, in the news release. “The willingness of the judiciary to engage directly with these issues was welcomed.” 

Apart from courtroom operations, the forum also covered the impacts of today’s working arrangements on professional effectiveness, retention, and well-being. 

Criminal practitioners shared their concerns regarding practical matters such as the continuity of representation, courtroom communications, preparation standards, scheduling limitations, and adjournment management. 

They also addressed the pressures facing today’s criminal practitioners, including long working hours, overlapping court commitments, and the difficulty of handling vulnerable clients across jurisdictions.

“Practitioners were able to speak frankly about how communication, scheduling and preparation expectations are playing out in practice,” said Samira Taghavi, a Criminal Law Committee member, in the news release. 

On the other hand, representatives from the judiciary discussed operational restrictions, including listing pressures, limited resources, and the need to ensure efficiency and timeliness across court calendars. 

“There was acknowledgement on all sides that the pressures within the criminal justice system are significant and that clarity and consistency in process are critical to maintaining fairness and professional sustainability,” Taghavi said. 

According to the association’s news release, the forum aimed to: 

  • Address the cumulative effects of administrative and procedural demands on the effective conduct of criminal proceedings 
  • Facilitate candid and constructive engagement among judges and practitioners 
  • Cover a broad array of perspectives from criminal practitioners at all career stages, including senior members of the bar, junior counsel, and legal aid providers 

“Creating space for candid, solution-focused conversations between the judiciary and the legal profession is critical, and it was encouraging to see this dialogue taking place in a constructive and collaborative way,” said Clayton Kimpton, chief executive of the Law Association, in the news release

“A well-functioning criminal justice system depends on open communication and a shared understanding of the practical realities facing those who work within it,” Kincade added. 

To afford practitioners time to travel and attend, Auckland, North Shore, and Waitākere courts adjourned earlier than the usual time on the day of the forum. 

Committee’s letter

The forum sought to respond to the Criminal Law Committee’s letter to the chief judge of the District Court. The correspondence raised issues regarding criminal practitioners’ daily realities, including: 

  • continuity of representation 
  • transparency in decision-making 
  • compliance with statutory frameworks and natural justice 
  • the increasing pressures impacting the well-being of practitioners, especially junior counsel and legal aid practitioners 

The Law Association shared that it planned to keep encouraging engagement between the profession and the judiciary to promote fairness, efficiency, and sustainability in criminal practice.