Attorney condemns judge’s statements By Onika James Thursday, November 12 2009
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Justice Herbert Volney...
Chairman of the Legal Aid and Advisory Authority Gilbert Peterson SC, yesterday strongly condemned the advice of High Court Judge Herbert Volney, who told attorneys to “return” their Legal Aid briefs.
On Tuesday last, Justice Volney while sitting in the San Fernando First Assize Court, expressed frustration with the system for appointing attorneys through the Legal Aid and Advisory Authority.
At a hearing to determine the readiness of matters to be set for trial, Volney said, there was no officer attached to the authority present at Cause List hearings in San Fernando to assist in speeding up the appointment process.
However, he said, there are those who are present at the Hall of Justice in Port-of-Spain.
Volney said, the Legal Aid and Advisory Authority provided that service only in Port-of-Spain, and not in San Fernando. He then told the attorneys before him, “lawyers cannot work for peanuts. Give them back their briefs. You should file a constitutional motion right away because that is rank discrimination. You lawyers in South have been taking this for too long. I now have to wait for Legal Aid to appoint someone.”
However, Senior Counsel Peterson told Newsday yesterday, “Justice Volney’s statements were highly irresponsible.”
“Those statements especially coming from a presiding judicial officer were totally irresponsible.
“The legal aid fees were never meant to be equated with fees paid on private retainers. Everyone knows that the present fee structure was now under review. It was very unfortunate that a judge could feel himself compelled to make such a statement,” Peterson added. Justice Volney also said, that he believed a judge should be given the power to determine fees to be paid to Legal Aid-appointed attorneys, based on the length and complexity of the trial. He said this may very well encourage attorneys to return to the criminal bar.
Justice Volney is not the first judicial officer to have spoken out on the small sums paid to Legal Aid-appointed attorneys. On October 23 last, Justice Prakash Moosai, also condemned the pittance paid by the authority.
