Chief high and district court judges address wellbeing issues of legal practitioners

Chief High Court Judge Susan Thomas and Chief District Court Judge Heemi Taumaunu have written a letter to all judges and judicial officers, raising concerns about the wellbeing of legal practitioners in New Zealand.

The letter comes in response to requests from leaders within the legal profession and reflects the judges' growing concerns. The New Zealand Law Society (NZLS) brought to their attention the wellbeing issues at a meeting on 15 June, where they raised concerns regarding family and criminal bars experiencing immense workload pressures, leading to stress and feeling overwhelmed.

The judges acknowledged the crucial role of counsel in the effective operation of the courts and expressed deep concern over the reported issues. Some of the key challenges highlighted by the legal profession are:

• Practitioners feel they cannot meet clients' needs, given their workloads and the pressure to address the volume of cases in the courts.
• There is fragility and tiredness across society, reflected in legal practitioners.
• Practitioners need time to adapt to new processes and procedures arising from the judiciary and legislation.
• Practitioners asked that judges consider the pressures on lawyers with high trial workloads and allow sufficient time between trials to prepare appropriately and to manage the psychological impact trial work can have.
• Practitioners asked that judges consider the impact that requiring reassignment of lawyers to secure a fixture can have.
• It is essential that practitioners can take holidays and make other leave arrangements.
• Practitioners experience further stress if they believe they are disappointing judges and the court.

The judges highlighted that the justice sector is facing its challenges, including workforce shortages, loss of experienced personnel, and the lasting impact of three years of COVID-19. These issues affect various aspects of court proceedings, such as timely disclosure, access to clients in custody, legal aid, and health and other reports. The judges acknowledged the growing shortage of criminal and family lawyers, particularly experienced ones, and the need to support young lawyers' development and the profession's future health.

The judges emphasise the importance of open communication between local judges and their bar, recognising it as helpful in addressing wellbeing concerns. The chief high court judge and list judges hold stakeholder meetings in major cities to discuss case management improvements. In the district court, executive judges and criminal liaison judges are arranging meetings nationwide to address counsel wellbeing issues and explore potential local solutions to relieve pressure on counsel. The judges recognised that there is unlikely to be a one-size-fits-all solution.

The judges conclude by expressing their serious approach to these matters and commitment to working with professional leaders to find solutions.

NZLS president Frazer Barton has welcomed the chief high court and chief district court judge's letter.

"I'm grateful to the judiciary for their willingness to be mindful of the impact of high trial workloads on individual lawyers. It's important that lawyers can have sufficient time between trials to prepare for each properly and manage the psychological impact that trial work can have on them," Barton said.