Within Magistrates` Courts buildings
sit benches of Justices of the Peace [magistrates] and District Judges,
formally known as Stipendiary Magistrates, whose powers are no more and no less
than their JP colleagues`. In my experience there is a great deal of mutual
respect between the DJs and these colleagues.
When it comes to the attitudes of
members of the bar to DJs and JPs it appears to me that far too often
barristers appear to tolerate appearing before a lay bench. There is something about a
condescending tone from a nasally inclined barrister which I found personally
demeaning to all present. Examples that come to mind are the occasion when
counsel for various reasons applied for a week`s adjournment. After discussion
with my colleagues I announced that the matter would be adjourned until the
following day to which the response was, "Sir, did you hear my
application?" I replied, "Yes" and proceeded with the court`s
business. On mentioning this to some legal colleagues including a DJ they
agreed with me that the reply was indeed impertinent and intended to belittle
the bench. Even worse was the reply of a barrister who had her request for the
adjournment of a trial refused,"Sir, is your decision based upon court
statistics?" She was told in the least offensive manner possible to sit
down and ponder her words. That latter occasion I was reliably informed
would have had a District Judge holding the individual in contempt with the
aside that a barrister would never have said that when appearing in front of a
DJ.
Generally, however, I suppose barristers must
impress upon their privately paying clients that they are
being seen to do their best and if that means some risky language against JPs so
be it. But I resolved that if and when a sharp suited tongue asked again if justice were tempered
by the desire to alter or conform to statistics s/he would be told to remove
her/himself. As far as I can remember it was a one off event.
In my experience lay benches are unfailingly polite to those appearing before them, solicitors, barristers or the unrepresented.
ReplyDeleteThat is not something that can be said of all DJs.