The Dominion FRIDAY, MAY 10, 1918. STIPENDIARY MAGISTRATES

Dominion, Volume 11, Issue 198, 10 May 1918, Page 4

The Dominion FRIDAY, MAY 10, 1918. STIPENDIARY MAGISTRATES

Recently a deputation of tho New Zealand Law Society waited on the present Minister of Justice (Hon. T. M. Wilfoed) in regard to certain conditions attendant on tho position of a Magistrate. Both their requests and his reply call for thoughtful consideration, for very few matters are of greater importance 'to a country than the ahlo and tho speedy administration of justice. On previous occasions wo have discussed the undesirable position in which New Zealand Magistrates were then placed, and the remedies. Our main endeavour was to have tlicm freed from the risk of Ministerial pressure. Other points taken were that the salaries given should he such as would attract well-quali-fied men, and that it should he made impossible in future for unqualified or insufficiently qualified ■men to become Magistrates. I,lm inquiries which the then Alioh;ter of Justice (Hon. A. h. llkromah) made into the subject had the effect to be expected, for when, six or seven months later, lie brought the matter before the Ilou.w, hi;-: llill mi introduced proponed in almojiL every respect the remedies w: had mentioned. The I'M!. ;ti: j)if,r>idinv:i|, freed Magistrate;! from all_ rir.k of Ministerial prciiiiiifc by giving them security of tenure and iil.atiil.ory salaries. It inereaiied the uumiinl.ii of those salaries, and it provided that in future only fully-quali-fied men, i.e., practicing barristers 'or solicitor;', of at leant live years' standing, could be raised to the Magi uteri al licuch. The personal equation, however, took charge of the llomio, and to this last clause was added the words, "or has been continuously employed as clerk of a Magistrate's Court for a period of at least ton years, and is a barrister or solicitor (it may ho of_ only a week's standing I). In this form the Bill became Jaw. Kvcn in its amended form it was a long step towards bringing this section of the New Zealand judicial system into line with other parts of the Empire.

Mu. Wm-oiiD, in his reply to l.ho deputation, accepted without reserve their two contentions that tho Magistracy is still insufficiently paid and the pension given too meagre to be certain of attracting really capablo men. There can be little doubt that tho views here expressed arc sound. This country wants for its Magistracy tho pick of _ the available barristers and solicitors of recognised rank in the profession, giving to those who aro known to bo sound lawyers a strong preference over those who havo made their names chiefly by their skill in handling'juries. Thon It has to be borne in mind that the regular work, both

in the cities and in the provinces, is increasing every year o So also are tho number and variety of the odd jobs thrust on Magistrates. We would suggest as a reasonable salary not '£1000, as Mit. Wiltoud proposes, but £1200 for the senior city Magistrates, and £1000 for tho others, town and country. The principle followed at Home in fixing Judges' salaries is a sound and a shrewd one. It certainly is effective. A Judge of the English High Court receives £5000 a year. Now, such a sum is not a temptation to a leading barrister'up to the age of SO or thereabouts, for latterly he is making anything from £0000 to £20,000 a. year (Silt Edwahd (J-irson voluntarily gavo up a practice of £20,000 a year to champion the cause of Ulster). But the time comes when, having saved a competence, many of these leaders desire some measure of rest, or tho status and dignity of tho office of a Judge appeal 'to them, and they cast willing eyes on tho Bench. It is in this way that the English Bench has a never-fail-ing supply of able men of proved ability available as Judges, and the same principle on a smaller scalo is applied to the minor judicial postssuch as County Court Judges and Stipendiary Magistrates. The minimum legal standing for either of Ihesc two latter posts at Home is seven years' continuous active practice (not five, as it is with us). It the principle of the English system were followed in this country', and our Magistrates given such a salary as would induce able and experienced legal practitioners of standing to look more favourably to the Lower Court Bench, it is probable that the status of tho Court would bo materially raised. Practically it is not possible lo separate the pension question from the salary question, tor even a good salary will not always tempt a man if tho subsequent pension is beggarly, as ours is. In other days, perhaps, tho pension was not really so bad, because then our Magistrates were, to a large extent, drawn from the Civil Service, with or_ without the proper legal qualification, and therefore when they camo to retire they often had thirty or moro years of Government service to be counted for pension purposes. If we look at Home again we find that an English High Court Judge, after fifteen years' service, can, although he seldom does, retire on a pension of three-fifths of his salary. The Minister might adopt this ratio here, making it a statutory pension unconnected with the Superannuation Act. The extra charge on the Consolidated Fund involved in these changes wo believe would be "apparent" only. Although a saving could not well be earmarked as such, this extra outlay would bo recouped many times over to tho taxpayers (who create the Consolidated Fund) by sounder law and speedier judgments.