Defence Attorneys to Suspend Legal Aid Services Over Payment Dispute

The Association of Defence Attorneys says its members will stop providing pro bono legal-aid services from August 1, citing the Government’s alleged failure to implement an agreement reached nearly two years ago.  The association’s secretary, Orson “OJ” Elrington, says the Government had agreed to pay defence attorneys seven thousand, five hundred dollars per case. According to Elrington, the payment was intended to help cover travel and other incidental expenses incurred when attorneys represent defendants who cannot afford private counsel.  Elrington says the association’s members continued accepting legal-aid cases while awaiting implementation of the arrangement but have now taken a firm decision to withdraw their services.

Orson Elrington, Attorney: “Again, we’re talking about murder trials. All right? And I have seen where there is an issue that I must bring to the attention of the public. Where again, us doing this is not an attempt to cripple the judiciary and to cripple the access to justice for those persons who cannot afford it. But this, again, has been a commitment that the administration has made and committed that they would change it, understanding that it was costing our membership to represent people. When you’re going to travel all the way to Toledo, hotel, et cetera, and my good brother had mentioned it’s not five it’s it’s $2,000. $2,000, when my good brother can tell you at the private bar you’re looking at a minimum of about $15,000 if you’re going at the private bar. We had come to a compromise. And they said $7,500 so that it is somewhere in the middle to cover your expenses, et cetera, and something for your time. All right, so our decision is that come the 1st of August our membership will not take anymore court-appointed matters. Our association has made it clear, our membership has made it clear, we will not accept any more court-appointed matters until the issue of the fees is rectified.”

The planned withdrawal could affect defendants who qualify for legal assistance, particularly in serious criminal matters where legal representation is essential. It may also place added pressure on the courts if attorneys are not readily available to take on those cases.  Elrington maintains that the association supports access to justice, but says its members cannot be expected to indefinitely absorb the costs associated with providing representation. He adds that private attorneys cannot be compelled to accept cases without compensation.

Orson Elrington, Attorney: “We can’t be forced to and that is what my colleague had said and the practice is of course we essentially historically have said you know what I will take this and take this one. We will work with the bench, we work with the bench and say all right yes I can fit that one in, I can fit that one in, I do two three, four maybe five, six per year and again the burden rests on maybe ten practitioners. Even inside of our association because there are about 10 of us, really and truly, who do murder matters. Who appear before the judges so you’re before the judge with a murder matter, they say “ oh, by the way, you know, I have…” and we don’t have a problem with it. Like I said, but it must be fair, the Attorney General who is a governmental, and this is this is a budgetary issue. This is for the Government of Belize now, which can be clearly and easily rectified.”

The association says its position will take effect on August 1 unless the outstanding matter is addressed. Up to news time, the Government had not publicly responded to the announcement or indicated what alternative arrangements would be made to ensure eligible defendants continue receiving legal representation./