THE MAGISTRACY

Otago Daily Times, Issue 25674, 24 October 1944, Page 4

THE MAGISTRACY

DEMAND FOR REFORMS STATUS AND INDEPENDENCE TJ (Special) AUCKLAND, Oct. 23. The demand for improved conditions and greater independence for the magistracy was strongly supported by the senior magistrate in Auckland, Mr J. H. Luxford. in an address at a Junior Chamber of Commerce luncheon. “Although the magistracy plays such an important part in the individual lives of so many people and in the general life of the community as a whole,” said Mr Luxford. “ although it commands the respect. I think, of the general public, I regret to say that I and a number of my brother magistrates are far from satisfied with several matters relating to our status and independence. We are determined to pursue every course constitutionally open to us in an endeavour to bring about reforms which we think are necessary in the public interest, and. of" course, in the interest of the administration of justice. “The first step towards reform was taken by Mr A. M. Goulding. S.M., of Wellington, who, early this year, presented a petition to Parliament praying that the practice of rewarding magistrates by the payment of special fees in addition to their ordinary salary for work done outside their normal duties should be abolished. Departmental Patronage “There can be no doubt that a magistrate is in many cases the most suitably qualified person to be chairman of a commission of inquiry or to undertake other work of an extra or quasi judicial character. No magistrate who receives an adequate salary could reasonably refuse to undertake this work on the ground that he is to be paid nothing extra for it. “The present practice perpetuates a system which has been in force for many years. It is a bad system because it sounds in departmental patronage. The Department of Justice, however, seeks to retain the practice on the ground that the added responsibility and longer hours worked by a magistrate appointed to do outside work, should be rewarded by extra payment, notwithstanding that his ordinary duties have to be shouldered by another magistrate, very often, in addition to the ordinary work of that other magistrate. “The department’s view, in my opinion, is demonstrably wrong. There is no responsibility greater than that of a magistrate when engaged in the exercise of his ordinary or special jurisdiction in civil, criminal, or quasi criminal cases. Nor could any magistrate appointed to do outside work in lieu of his ordinary work, ; wcrk under greater pressure day in and day out than, say, the three magistrates in Auckland have had to work during the last two years. Adequacy of Salary “If the present salary is not adequate, and some hold. that view, by all means let the necessary increase be made as soon as stabilisation regulations permit. In the meantime, it is not in the interest of justice that the present departmental power of patronage should continue. “The committee of the House which heard Mr Golding’s petition recommended that it be referred to the Government for most favourable consideration, and that recommendation was unanimously adopted by the House. The chairman of the committee informed the House that all the members of the committee felt strongly that the practice should be discontinued at the earliest possible moment. “ It is of the utmost importance that the judiciary be kept free from even the possibility of interference with its independence. There is always a danger of conflict of interest and duty where payments by way of a perquisite are received by judicial officers, and I say that' the extra payments made under the system to which we object are nothing more than common perquisites. A tnagistrate who holds an additional position carrying an extra monetary reward is dependent on the good will of a department of State and is subject to unfair temptation, or what is just as bad, may be thought so to be. " I sincerely trust that this and other reforms we have in mind will soon be brought about. If the Minister of Justice does not agree that these reforms are necessary, I would make this suggestion: Let a Royal Commission, presided over by a judge of the Supreme Court, inquire into the conditions under which the magistracy is working and bring down a report setting out what reforms or amendments of the law, if any, relating to the magistracy are necessary or advisable in the public interest.”