Premier: Legal aid through courts office

The system that provides legal assistance to individuals who cannot afford it on their own will be run through the courts office, according to Cayman Islands Premier McKeeva Bush.

Budget documents reviewed by the Caymanian Compass for the government’s upcoming budget year state that spending for legal aid will drop by about $600,000 when compared to the year that’s about to end. That’s a reduction of about one-third of the cost for the overall programme.

However, according to budget records, attorney hours won’t change. The budget also makes provision for the training of young lawyers and for representation of indigent people on a wide range of issues including landlord and employer problems and domestic issues.

“[Legal aid] will be addressed by a system that will entail having someone in place in the courts office that will run the system through the courts office,” Mr. Bush told the Legislative Assembly on Monday. “I am more satisfied with such an arrangement and feel somewhat settled that there is a better system to be handled at this time.”

A request for clarification of the premier’s statement to the LA was not forthcoming by press time. A spokesperson for the premier’s office said Mr. Bush would not comment further on the matter.

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During the last budget process for the year which ends this month, some $1.85 million for legal aid was moved from the courts budget to the Ministry of Finance, Tourism and Development.

At the time, government was examining the possibility of opening a Legal Aid Services Office within the budget year.

Court staff said at the time that they had not received any instructions regarding legal aid.

Right now, private sector attorneys in Cayman who are willing provide legal help to those determined to be indigent by the courts system – mainly in criminal courts – for a set fee of $135 per hour.

In 2009, Mr. Bush had proposed changing the legal aid system from that model to the use of a legal service office – similar to a public defender’s office. It was envisioned that the office would be run by two attorneys and a staff of salaried lawyers who would assist individuals who qualified for legal aid.

But changes to Cayman’s Legal Aid Law that were needed to create the new system have never been made. The upcoming budget makes no reference one way or the other to a Legal Aid Services Office.

It was not clear by press time whether the legal services office plan was still on the cards for government.

Opposition lawmakers have previously expressed concern about the shift of funds from judicial administration to the ministry of finance, alleging that this gives the minister complete control over those monies.

Compass journalist Norma Connolly contributed to this story.

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