Visiting interstate lawyers describe the ACT Supreme Courts case backlog as unacceptable and "unbelievable", according to a leading Canberra barrister.
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And the Supreme Court leadership needs to establish a more productive relationship with the ACT Government if it is to solve its two big problems: a crumbling court building and a massive case backlog.
The comments, from senior barrister John Purnell SC, appeared in the counsels column in the ACT Bar Associations newsletter sent to all local members of the profession yesterday.
Mr Purnell wrote that the Supreme Court needed to replicate the sort of relationship that newly sworn in Justice John Burns achieved with the Government when he was chief magistrate.
In his Bar Bulletin editorial, Mr Purnell wrote that both Justice Burns and Attorney-General Simon Corbell had made it clear this week that an "appropriate consultative liaison" had been achieved between the two men and the Justice and Community Safety Director-General Kathy Leigh.
Mr Purnell wrote that this had led to appropriate discussions on staffing for the Magistrates Court. He then asked, "What then is the situation with the Supreme Court?"
Mr Purnell did not mention the relationship between Chief Justice Terence Higgins and Mr Corbell, but The Canberra Times understands that it has been frosty over the years.
In the bulletin sent to the citys 80 barristers, Mr Purnell went on to express his concern about the reputation of Canberras superior court among interstate lawyers.
"Interstate silks say to me that the physical condition of our Supreme Court for criminal matters is substandard and inferior by comparison to other interstate Supreme Courts and that dramatic changes are warranted," Mr Purnell wrote.
"In relation to the delivery of justice in a timely fashion in the criminal and civil streams, the adjectives used are appalling, unacceptable and unbelievable."
Mr Purnell called for more dialogue between the Supreme Court's leadership and Mr Corbell and his bureaucrats.
"We need to have a system where there is a proper discussion and consultation between the Chief Justice and the court and the [Attorney-General] and his department about securing appropriate facilities, resources and staffing," the barrister wrote. "If it works for the Magistrates Court it should also work for the Supreme Court."
Mr Purnell told his fellow practitioners that the only way to tackle the backlog problem was the appointment of a fifth permanent judge to the Supreme Court bench.
"If the additional acting judges only ameliorated in a temporary way the unacceptable backlog, then clearly we need a fifth judge whatever the statistics show," he wrote. "Clearly also we need a dramatically renovated or a new Supreme Court where security for judges, staff and the jury are addressed together with appropriate facilities for all stakeholders."
Mr Purnell, a veteran of 38 years at the bar, wrote that he believed the ACT could have the nations best Supreme Court.
"I am a proud Canberran and see no reason why the ACT should not have the best administration in Australia we should not be the worst," he wrote.
Mr Corbells office was approached for comment but did not respond before deadline.