Legal eagles applaud aid review
welcomed by sections of Bermuda's legal profession.
Last week Social Services Minister Wayne Furbert confirmed that the means test which determines eligibility for financial assistance for people with legal bills is set to be reviewed.
Currently defendants have to be earning less than $12,000 before they qualify for financial assistance -- a figure that was set nearly ten years ago.
Senior Magistrate Will Francis said earlier this week that he approved of any planned increase in the minimum salary qualification, arguing it would give more people a chance of legal representation when facing criminal charges.
"I think it could be a good thing,'' he said. "Ideally, legal aid should be available to everyone but I know there is a limit in terms of Government funds.
"I know a lot of people who appear in Magistrates' Court don't qualify because there's an emphasis on cases in Supreme Court and we have had a lot of major Supreme Court trials this year. Some cases in Magistrates' Court such as traffic offences, just don't qualify.
"But inflation, coupled with the fact that there are more crimes then there were nine years ago means that fewer people are getting legal aid -- but everyone has the right to legal representation.
"But even if the means test was changed I think you are always going to get an intermediate group of people in that gap who don't qualify and yet still cannot afford to pay for a lawyer -- lawyers' fees are also going up all the time and people can end up getting into serious debt. That leaves the lawyer in the position of having to go back to court to sue for his fee.
"Perhaps one day there might be some sort of insurance system. You don't see people going bankrupt having to pay doctor's fees and maybe someone will come up with some sort of similar insurance scheme for lawyers.'' Lawyer Elizabeth Christopher, who acts as duty counsel in Magistrates' Court, also approved of the move.
"A change in the legal aid system is long overdue -- it would be a good thing,'' she said. "It's shortsighted to have such a low limit because that could mean that somebody gets an extra year to their sentence because they haven't had legal representation. It then costs more to keep them in prison.'' COURTS CTS