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WEDNESDAY, MAY 6, 1992
WHERE A REPORT WAS SENT TO THE CHIEF JUSTICE, THE COURT APPEAL WOULD CONDUCT A FURTHER HEARING AND IMPOSE SUCH PENALTY AS THOUGHT FIT.
OF
IT
"UNDER THIS PROCEDURE THERE ARE FOUR SEPARATE OCCASIONS WHEN TO SOME DEGREE OR ANOTHER, SOMEONE CONSIDERS THE COMPLAINT: THE BAR COMMITTEE, THE CHIEF JUSTICE, A COMMITTEE OF INQUIRY AND THE COURT OF APPEAL. THE PROCEEDINGS TAKE A LONG TIME AND INVOLVE A CONSIDERABLE DUPLICATION OF EFFORT, MR MATHEWS SAID.
THE
"
DISCIPLINARY PROCEDURES IN THE BILL FOR PARALLELED THOSE FOR SOLICITORS.
BARRISTERS
A
CLAUSE 19 PROVIDED FOR THE CHIEF JUSTICE TO APPOINT BARRISTERS DISCIPLINARY TRIBUNAL PANEL CONSISTING OF UP TO SIX QUEEN'S COUNSEL, SIX PRACTISING BARRISTERS AND FIVE MEMBERS OF THE PUBLIC.
IF THE BAR COUNCIL CONSIDERED THAT A BARRISTER'S CONDUCT SHOULD INVESTIGATED, A BARRISTERS DISCIPLINARY TRIBUNAL WOULD BE CHOSEN FROM THE PANEL.
BE
THE TRIBUNAL, CONSISTING OF ONE QUEEN'S COUNSEL, ONE BARRISTER AND ONE LAY MEMBER, WOULD INVESTIGATE THE COMPLAINT, AND WOULD HAVE EXPANDED DISCIPLINARY POWERS, INCLUDING THE POWER TO IMPOSE A PENALTY OF UP TO $500,000.
FOR
MR MATHEWS EMPHASISED THAT THE DISCIPLINARY PROCEDURES SOLICITORS AND BARRISTERS WOULD BE OF SUBSTANTIAL BENEFIT TO THE PUBLIC.
AND
FIRST, THE APPOINTMENT OF MEMBERS OF THE PUBLIC TO DISCIPLINARY PANELS MARKED AN IMPORTANT, PROGRESSIVE STEP FOR THE PROFESSION, WAS IN ACCORD WITH SIMILAR DEVELOPMENTS IN OTHER JURISDICTIONS.
"IT OPENS DISCIPLINARY MATTERS TO THE PUBLIC; THE PROFESSION PROVIDES LEGAL SERVICES TO THE PUBLIC, SO IT IS APPROPRIATE THAT PUBLIC SHOULD BE ABLE TO PARTICIPATE IN DISCIPLINE DECISIONS," SAID.
THE HE
SECONDLY, UNDER CLAUSES 5 AND 19, IF THE LAW SOCIETY OR BAR COUNCILS DID NOT CONSIDER THAT A PERSON'S COMPLAINT AGAINST A SOLICITOR OR BARRISTER MERITED INVESTIGATION BY ITS DISCIPLINARY TRIBUNAL, THAT PERSON MIGHT APPLY TO THE CHIEF JUSTICE TO REFER THE COMPLAINT TO THE RELEVANT TRIBUNAL.
THIRDLY, UNDER CLAUSES 7 AND 21, IF A DISCIPLINARY TRIBUNAL INVESTIGATED A COMPLAINT AND FOUND THAT THE SOLICITOR OR BARRISTER SHOULD BE DISCIPLINED, IT COULD ORDER THE RETURN TO THE PERSON OF ANY FEES OR EXPENSES PAID IN RELATION TO THE SUBJECT MATTER OF THE COMPLAINT.
THE PROPOSALS IN THE BILL ORIGINATED FROM THE LAW SOCIETY AND THE BAR ASSOCIATION.
DEBATE ON THE BILL WAS ADJOURNED.
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