Lawyers under pressure as court backlog hits 'crisis point'

Tasmanian barrister Kim Baumeler is the president of a new association of defence lawyers. (ABC News: Ebony ten Broeke ) A new alliance of Tasmanian criminal defence lawyers will push for a reduction in the backlogs plaguing the justice system. Senior lawyers say underfunding for legal services has contributed to the significant delays. A review on the backlog issue is due to be submitted to the state government by June 30. Link copiedShareShare articleCases are dragging through Tasmanian courts for years as senior lawyers lament the "crisis" engulfing the state's criminal justice system. In one of the state's most high-profile recent cases, the man accused of murdering teenager Shyanne-Lee Tatnell is still without a trial date almost three years since he was charged. Thousands of Magistrates Court matters have also been pending for upwards of 12 months. Fixing the backlog is a high priority for a new association of defence lawyers spearheaded by veteran barrister Kim Baumeler. In her 30 years in the profession, she has never seen things so dire. "It's sort of been a gradual creep," Ms Baumeler said. The delays are being felt at all levels of the justice system. (ABC News: Laura Beavis) It comes as a third-party review of the backlog issue progresses, with a final report by barrister Lloyd Babb SC due to be handed to the state government by June 30. The newly formed Association of Criminal Defence Counsel will provide input into any reforms considered by the government. Meanwhile, lawyers say the emotional and financial flow-on effects of the backlog are significant. Do you know more? Contact Hayden Smith at smith.hayden@abc.net.au or haydensmithtips@proton.me As of June 30 last year, there were 11,426 criminal matters pending completion, almost 20 per cent of which were older than 12 months, according to the most recent Magistrates Court of Tasmania annual report. The Supreme Court report showed 46 per cent of non-appeal criminal matters had been pending for longer than 12 months. Law Society of Tasmania president Amelia Higgs said the backlog "spanned the spectrum" of the state's justice system. "Matters which are listed for hearing aren't being dealt with for quite some years from a date that a charge is laid," she said. Law Society of Tasmania president Amelia Higgs says legal aid urgently needs more funding. (ABC News: Jake Grant) Whether it be the victims, witnesses, family members or even accused offenders, Ms Higgs said there was a "human element" that could not be ignored. "People are being exposed to these issues for really long periods of time where they are going unresolved," she said. "It means that the evidence continually needs to be revisited … and so it's having a huge emotional impact on those people. Ms Higgs said a major driver of the backlog was the erosion of state government funding for legal services. "There are very few people who are charged with criminal offences who have the capacity or resources to privately pay for legal representation," she said. "And what that means is that we are putting an enormous amount of pressure on a legal profession that's already under strain." Lloyd Babb SC will deliver a report to the Tasmanian government. (ABC News: Michael Franchi) However, the latest state budget provided her little reassurance, with substantial cost-cutting measures set to fall on the Department of Justice over the coming years. "It's just gradually been eaten away to a point now where the funding that's available for people through Legal Aid is really limited," she said. "And that means that fewer and fewer cases are getting funded … lawyers are having to do things on an absolute shoestring." When announcing the Babb review earlier this year, Attorney-General Guy Barnett said the focus would be on "applying a systems approach" to managing court backlogs and strategies to support case flow. He acknowledged that court delays could have "real and lasting impacts" on victim-survivors. Kim Baumeler has spent 30 years in the Tasmanian legal sector. (ABC News: Ebony ten Broeke ) Ms Baumeler said another concern was the health of legal practitioners. "The amount of trials that we are now dealing with because of a backlog, that's again a considerable concern to us," she said. "Because the last thing we want is practitioners burning out because they're just so overworked." Premier Jeremy Rockliff said it was important for all Tasmanians to have "fair access to legal support".

Lawyers under pressure as court backlog hits 'crisis point'

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