Keeping it Real…

If someone helped you pay for your home, and maybe a cozy million dollar condo in Whistler, first class world vacations or even a yacht, wouldn’t you have a soft spot in your heart for him or her?

Well, that’s the unspoken dilemma that I believe faces many B.C. criminal court judges: most of them were defence lawyers … not prosecutors … before being appointed to the bench.

They made their livings … often very handsome ones … defending people most of us would find totally repugnant.  And successful criminals can pay well … hiring the best defence lawyers at $150 an hour (OOPS! Since originally posting, sources tell me top lawyers get $300 an hour and UP!  Makes my point even more!!!)  … running up defence bills that could run up to $100,000.

We all know BC’s drug industry is worth billions of dollars a year.

So I submit it could legitimately be argued that many BC defence lawyers have furnished beautiful homes and lived a better life than most other British Columbians, financed by the proceeds of crime when they defended BC criminals..

Think about that.

Even lawyers who do not represent the “creme de la creme” of our gangsters, may take on dozens of legal aid cases …  paid by the taxpayers  … and I believe it could be argued that even they could be viewed as being at least somewhat indebted to the criminals and gangs who keep them so busy, so well employed.   

Defending thieves, gangsters and killers probably pays a lot better than drawing up wills or registering mortgages!

Of course, everyone charged with any offense deserves the best defence possible if they plead Not Guilty. That is not the point.

My personal opinion is that’s what is at least partly wrong with our criminal court system … is that too many judges are former defence lawyers … not enough former prosecutors in their ranks.  Check out their biographies.

Apart from the money they have made off them in the past, I think criminal court judges have, over the years, developed such a familarity and comfort in dealing daily on the side of  criminal types, they forget how violated,  troubled and even terrified most of the rest of society feel from our even rare encounters with these wretches.

So when a criminal with 40 convictions or more appears before a judge .. His (or Her) Honour isn’t as shocked as you or I would be dealing with these people even once! Ho Hum! Just another day dealing with people from their former type of client base (although I assume no judge would consider a case involving his or her own previous client!).

Something has to change.  And some people believe criminal court judges should be elected.  I do not agree.

Most voters don’t even take much time to study the individual credentials of their existing elected officials. Judges should not just have to  pass a popularity contest.  And how would they campaign?  “Vote for Harry .. I’ll Put ‘Em All Away!”

Can you imagine the injustices that might occur if judges felt they had to pump up their conviction records or sentencing statistics just before going up for re-election!   No, electing judges is not the answer.

What we need, though,  are open hearings for prospective judges … before panels made up of elected officials, police and community representatives, who could then make recommendations to government.

At least that way there could be more scrutiny and we could at least canvas the views of potential jurists on crime and punishment issues. And public panels could help achieve more balance between the number of defence lawyers and prosecutors who are reocommend for the bench.

Clearly the current system, where appointments are totally private political decisions … and where those whose previous careers largely surrounded defending criminals seem to have an “in” is not working … except for the criminals.

Harv Oberfeld

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