NSW lawyers need ID cards for court

Security clearances and identification cards should be trialled in NSW in order to address delays to court proceedings, says the president of the NSW Bar Association.

Jerome Doraisamy • 09 August 2018 • Big Law

Speaking to Lawyers Weekly, Arthur Moses SC has called on Attorney-General Mark Speakman to introduce a pilot scheme whereby barristers and solicitors would be given security clearance and an identity card, which would allow them to enter a courthouse without going through standard security inspections.

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“Lawyers in Queensland and South Australia have one, as do advocates in Scotland. Now, there is a test scheme being rolled out for solicitors and barristers in England and Wales,” he explained.

“It’s time to bring NSW courts into line with large government institutions and companies around the country, with security clearance and identification given to those who work there day in, day out.”

Practicing lawyers in NSW are officers of the court, he stressed, and courthouses are their workplace.

“It is, therefore, impractical to treat them as strangers in their own office by diverting them into standard security checks designed to screen visiting members of the public,” he argued.

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“Practitioners are experiencing considerable delays each day, particularly at the Downing Centre and John Maddison Tower in Sydney. This can delay court proceedings, which in turn costs the public time and money.”

Mr Moses’ comments follow news in the UK that barristers and solicitors would be given electronic ID cards to allow them to “bypass onerous security measures in place at courts around the country”, according to the UK Law Society.

Society president Christina Blacklaws tweeted: “It is clear that improved access for regular court users could lead to efficiency improvements and this will benefit the court service, and lawyers, alike.”

In response to this news, Mr Moses himself tweeted: “NSW should provide ID cards to lawyers so they can enter court buildings quickly, serve their clients and not keep judges waiting.”

Jerome Doraisamy

Jerome Doraisamy is the managing editor of Lawyers Weekly and HR Leader. He is also the author of The Wellness Doctrines book series, an admitted solicitor in New South Wales, and a board director of the Minds Count Foundation.

You can email Jerome at: jerome.doraisamy@momentummedia.com.au

Mystonique Monday, 13 August 2018

The purpose of the card was to provide ID that would identify us as officer's of the Court to prisons, Courts and the Law Society library etc. It was designed to reduce delays and costs by improving efficient processing of Court officers.

Prisons originally required photographs (a sensible addition to improve security) but ultimately the photographs were not made compulsory as solicitors who did not use the cards for prison entry objected to having to provide photos.

To say that Police and Prosecutors are to be trusted but lawyers are not, is not only offensive but it's highly inappropriate in an adversarial system. How can anyone expect to get justice when the system is clearly biased towards one party before you even get into the building?

It's all good and well to say "but some lawyers do the wrong thing" or what about identity theft - all these excuses apply equally to ANY Court user (including Police).

The bottom line is, if we can't be trusted as an officer of the Court, then we don't meet the fit and proper person test to hold a PC in the first place and shouldn't have a card at all.

0
Feminista Friday, 10 August 2018

This used to happen years ago. It was the reason the ID cards were introduced. But the Law Society made it optional which made the system unworkable. It must be compulsory to work. The real problem is the enormous (literal) baggage we bring to court. These days, I find the searches are quicker and more streamlined as I have a handbag and wheeled case. It's men fishing everything out of their pockets that cause delays. Bring on the manbag!

1
Betty Friday, 10 August 2018

after the shootings in the Supreme Court in Victoria in the 80's we had ID to go to court . but it fell way. gong though the airport control is such a pain. the sooner we have this back in Victoria the better!

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Anonymous Thursday, 09 August 2018

We had ID cards thanks to Blanche CJ of the DC but then it was revoked by faceless Yes Minister types . The system is slow & unevenly applied with different grades of detection at different court complexes in the greater Sydney region.

1
Pete Thursday, 09 August 2018

Practicing lawyers in NSW are officers of the court, he stressed, and courthouses are their workplace.
“It is, therefore, impractical to treat them as strangers in their own office by diverting them into standard security checks designed to screen visiting members of the public,”

A few years ago a Perth lawyer was struck off the roll of practitioners. One of her indiscretions was refusing to undergo security checks. Her arguments were identical to the above, namely, she had sworn an oath to the court and it was also her workplace, so she shouldn't be subjected to such checks.

Although I agreed with her in principle, venting her displeasure at the front-line security guards led to her downfall (along with unrelated unprofessional behaviour, such as threatening emails to detectives and showing disrespect to magistrates).

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Malcolm Carr Thursday, 09 August 2018

My wife insisted I went on a strict protein shake diet she monitored with ruthless efficiency. I lost a considerable amount of weight very quickly. I entered Parramatta Children's Court and was asked to remove my belt. I explained that my belt held up my trousers. I was told to remove it and put it through security. I complied. Then the security officer required me to hold out my arms while she scanned me. I said again 'my trousers will fall down' despite this I was required to comply. My trousers did fall down to my ankles. The sheriff in charge threatened to call the police. I said they will find me in court. Nothing happened. ID cards are a great idea.

1
- Genie Friday, 10 August 2018
  
  Suppose we never do let the truth get in the way of a good story...
  
  0
Canberran Thursday, 09 August 2018

ACT Law Society members also have the ID card system, works a treat

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jeff Thursday, 09 August 2018

no security checks really ! what if some criminial with intent obtains a lawyers security card !

0
- Anonycat Thursday, 09 August 2018
  
  Put a photo on the ID card? Looking at the photo is still faster than having to go through security
  
  0
- Barrister Thursday, 09 August 2018
  
  They have a photo? We already use them for hail access
  
  0
  - Anonycat Friday, 10 August 2018
    
    The solicitors ones only have a photo if you give a photo to the Law Society to put on there. My Law Society card does not have my photo
    
    0
- RJL Thursday, 09 August 2018
  
  I find that most criminals don't particularly want to go to court...
  
  2

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