Appointing duty lawyers for the Alcohol and Other Drug Treatment Court pilot at the Auckland and Waitakere courts

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1 August 2012 Appointing duty lawyers for the Alcohol and Other Drug Treatment Court pilot at the Auckland and Waitakere courts 1. Introduction In October 2011 the Ministers of Justice and Health announced the establishment of a pilot Alcohol and Other Drug Treatment (AODT) court in Auckland for offenders with moderate to severe alcohol and drug dependencies. The pilot is to commence at the Auckland and Waitakere District Courts in November The court will give selected defendants (who have pleaded guilty and are facing imprisonment of up to three years) the opportunity to participate in an AODT programme prior to sentencing. The AODT Court team members include the judiciary, prosecutors, defence lawyers, case managers and the court coordinator. The broader team also includes clinicians, testing and treatment agencies, probation officers, and peer support workers. This information sheet has been prepared for lawyers who are interested in seeking appointment to a roster of duty lawyers appearing at either the Auckland or Waitakere AODT Court. Lawyers will be expected to commit to participating on a roster which is likely to be one day a fortnight. Team leaders will be expected to commit to participating on a weekly basis. 2. The AODT Courts The Government decision to fund a five year pilot AODT Court followed the Law Commission s report A Review of the Misuse of Drugs Act 1975 i which recommended that a drug court pilot be considered. The Commission also recommended using a postplea model which would delay sentencing for people who qualify for, and agree to participate in an alcohol and other drug programme. The pilot will run in the Waitakere and Auckland District Courts commencing on 8 and 9 November 2012 respectively. There will be one full and dedicated AODT Court day per week at each location and the Court will see approximately 100 participants each year 50 in each location. Participants will need to plead guilty and be facing a term of imprisonment of up to three years for any offence (excluding arson, serious violence or sexual offences). Their offending must have been driven by an AOD dependency and they will have a full AOD assessment before being accepted into the programme. The judge must ensure the offender understands the commitment required for the AODT Court programme and the possible sanctions and consequences should this not be maintained. The AODT Courts are based on an abstinence approach - while before the court the participant will be regularly and randomly tested for the use of alcohol and any other drug, the results of which will be relevant to the way in which the case is dealt with. 3. The court process The court will be aimed at defendants with a moderate to severe alcohol or other drug dependency, who need intensive treatment. 1

2 Potential participants will be identified at their first appearance and will be screened for alcohol or other drug dependency in the court building. If dependency is identified, the case will be adjourned to allow for a more comprehensive AODT assessment. Section 25 Sentencing Act 2002 provides that the court may adjourn sentencing to enable a rehabilitation programme or course of action to be undertaken, and to enable the court to take account of the offender s response in that regard. This includes AOD treatment. If AODT Court criteria are met, the defendant may be offered the chance to participate in the AODT Court. Once the defendant has agreed to participate, a number of treatment options will be offered, depending on the requirements of the case. These options will include residential treatment, community-based treatment and non-voluntary peer support workers (similar to sponsors in AA programmes). Once an offender has formally gained entry into the AODT Court the assigned lawyer (where the client is legally aided) signs off by claiming the full applicable guilty plea fixed fee (or approved hours if the case is complex) and any other approved fees or disbursements. The client is referred to the AODT duty lawyer team. The AODT duty lawyer team will be responsible for: overseeing the case through to sentencing any bail breaches, compliance issues or exit hearing matters dealing with any participants that may be removed from the AODT Court programme prior to its conclusion either voluntarily or for non-compliance sentencing appearances at the conclusion of the AODT Court programme 4. The AODT court duty lawyer team A small team of duty lawyers will be selected, trained and rostered. Team leaders will appear at their appointed court on the same day each week for the period of the pilot. Team members will be rostered to appear at their appointed court, which is most likely to be on alternate weeks. The Waitakere court pilot will operate every Thursday and the Auckland pilot every Friday. Members of the team will provide rostered services as part of the duty lawyer scheme. There will be a team-based approach taken at the AODT Courts and this will be monitored by the duty lawyer service. The proposed structure of the AODT duty lawyer service is detailed below: AODT Court Team Leader Waitakere DC AODT Court Team Members Waitakere DC 5 private, 1 Senior Duty Lawyer Supervisor AODT Court Team Leader Auckland DC Separate teams of AODT duty lawyers will ordinarily operate at each court. There will be seven members in each team including the team leader. There will be a maximum of two lawyers in each team inclusive of the team leader. This number will provide enough flexibility to allow for sickness, leave and other unavoidable absence. AODT Court team leaders will be recruited from the private bar for the pilot. They will be engaged on a contract for services to the. AODT Court Team Members Auckland DC 5 private, 1 2

3 Team leaders are expected to keep every day that the AODT Court sits free. The AODT Court teams will include six members, one member and five members from the private bar. AODT team members will be expected to keep their rostered days free. This means that usually there will be a team of four duty lawyers in each court sitting. The full complement of lawyers will be selected prior to the start of the pilot which will enable all members of the defence team to attend training and other court-related meetings and discussions. 5. The role of the AODT Court duty lawyer Defence lawyers will advocate for and represent participants using a collaborative and non-adversarial approach. This approach is best suited to a court where there is a clear aim of overseeing the participant s progress to dealing effectively with AOD dependency issues and working towards a productive lifestyle. Key roles are to: work effectively and collaboratively within the AODT Court team evaluate the participant s legal situation and ensure their rights are protected advise participants on their legal rights and options as these arise in relation to treatment, programme conditions and sentencing outcomes represent the participant in the AODT Court and the general court where required monitor the participant s progress to support their programme participation and collaboratively oversee the appropriate provision of treatment services apply knowledge about AOD dependency issues to meaningfully support participants with their compliance and treatment goals contribute to the education of other defence lawyers on the purpose and objectives of the AODT Court 6. The role of the AODT Court duty lawyer team leader In addition to the defence lawyer role outlined above, the team leader will also be responsible for: working with the court to develop / refine processes and working with the wider team to support the continual upskilling of the team members overseeing the delivery and quality of the duty lawyer service managing any issues as required reporting to the Senior Duty Lawyer Supervisor roster management 7. Applications for AODT duty lawyer positions AODT Court team members will be appointed to the AODT Court roster for one year. Applicants need to hold approval as a duty lawyer and PC1, and will be assessed against the following criteria: Experience: at least three to five years criminal law experience experience as a rostered lawyer, e.g. duty lawyer, duty youth advocate, mental health experience in a specialty court, e.g. Family Violence Courts, Youth Courts (including 3

4 Rangatahi and Pasifika Courts), Te Kooti o Timatanga Hou, experience of liaison with a wide range of Court stakeholders, especially a range of health professionals experience working with defendants with a high level of alcohol or other drug dependency life/work experience which demonstrates an interest in and some relevant knowledge of AOD dependency and treatment Core Skill Sets: ability to readily establish a rapport with others and to develop and maintain effective and constructive working relationships with all stakeholders clear, timely and appropriate communication skills, oral and written effective organisational and time management abilities and reliablity collaborative and supportive team member Knowledge: good understanding of criminal law familiarity and interest in with therapeutic courts or similar courts with a high rehabilitative focus and their related protocols is desirable A demonstrated high level of awareness of issues relating to the causes of and treatment for addictions is highly desirable 8. Applications for AODT Court duty lawyer team leader positions AODT Court team leaders will be appointed on a one year contract for services to for this pilot. Applicants need to hold approval as a duty lawyer and PC1, and will be assessed against the above criteria and leadership experience. 9. Application packs An application pack and further information for lawyers wishing to apply for the position of AODT Court Team Leader and AODT Court Defence Lawyer will be available at from 30 August Terms and conditions Team members will be paid $ gst per rostered day This is based on an hourly rate of $98 gst excl and a 10 hour day ( = $980) and includes an additional 10% to cover incidentals Team Leaders will be paid $ gst per rostered day This is based on an hourly rate of $108 gst excl and a 10 hour day (= $1080) and an additional 10% to cover incidentals The daily rate is intended to cover preparatory or follow up work outside the normal day of the AODT Court. The additional 10% is intended to cover incidentals incurred in providing this service. Instructions will be issued. 11. Appointment process The appointment process is similar to the Duty Lawyer application process. Applicants will be asked to submit an application form which includes referees, a letter describing how they meet the criteria and a short CV. A selection panel will assess applications and decide on roster appointments. The panel will include: 4

5 the senior duty lawyer supervisor in the Auckland region an experienced criminal lawyer familiar with the Waitakere and Auckland Courts and local bar (for whom the Ministry of Justice will seek a recommendation from the New Zealand Law Society) a senior Court official the Regional Manager Legal Aid or representative The selection panel may be assisted with input from an advisory panel comprising the Ministry of Health or treatment providers. Legal Aid records of investigated complaints and concerns will be checked and any justified complaints/ concerns noted. Input will also be sought from police prosecutions and the judiciary. 12. Timing Application materials will be available on 30 August 2012 Applications will close on 14 September 2012 Applicants will be advised by 5 October 2012 Successful applicants need to be available for a full day of training on 16 October 2012 and on 1 November 2012 for Waitakere and 2 November for Auckland Team members will be paid for their attendance at training 13. Further information For further information contact Pru Dryburgh pru.dryburgh@justice.govt.nz i The Final Report Controlling and Regulating Drugs: A Review of the Misuse of Drugs Act 1975 (NZLC R122, 2011). 5