At a recent meeting between the Johore Bar Committee and the Judges of the Criminal Court in Johor Bahru, it was pointed out that the number of lawyers on the list of Court Assigned Counsel for Capital Punishment Cases in Johor was grossly insufficient to meet the needs of the state. The list contains 37 names, out of which 18 are from places outside Johor, such as Kuala Lumpur, Ipoh and Penang. Some members have also expressed their discontent that the cases are not being distributed fairly among all the lawyers in the list and that they are mostly assigned to a select few.
In view thereof, the Johore Bar Committee proposes as a matter of priority, to revamp the List of Assigned Counsel and to put in place a fair system of distribution of cases.
The qualification for appointment as assigned counsel is prescribed by Practice Direction No. 5 of 2013 dated 11th June 2013, issued by the Chief Registrar of the Federal Court as follows:
1.1 Untuk dilantik sebagai Peguam Lantikan Mahkamah, seorang peguambela dan peguamcara hendaklah memenuhi kriteria berikut:
“(a) hendaklah secara aktif mengendalikan kes-kes jenayah untuk tempoh tiga (3) tahun sebelum pelantikan; dan
(b) dalam tempoh tiga (3) tahun tersebut telah secara sendiri ataupun membantu peguamcara lain mengendalikan tiga kes yang melibatkan hukuman mati. “
We enclose herewith Practice Direction No. 5 of 2013 for your reference.
I urge all members of the Johore Bar who are qualified to be appointed as Assigned Counsel to submit the duly completed application Practice Direction to submit the completed application form to the Johore Bar Committee for our further action.
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