The Tasmanian government is considering the future of three acting judges amidst a blowout in Supreme Court lists over the past two years.
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It comes as a recruitment process for a seventh Supreme Court judge approaches finalisation.
Three acting judges were appointed in February 2017 for two years to assist with the throughput of cases "to achieve timely finalisation" and they had contracts extended by a year in 2019.
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The acting judges, who are available on a part-time sessional basis, are David Porter, former Federal Court judge Shane Marshall and former South Australian and Northern Territory judge Brian Martin.
Attorney-General and Justice Minister Elise Archer said the re-appointment of the acting judges in 2019 was to assist in managing caseloads while the recruitment process occurred for a seventh judge.
"The Tasmanian government is well progressed in this process and has committed to providing $1.1 million per annum for a seventh judge commencing from July 1, 2021," Ms Archer said.
"I meet with the Chief Justice [Alan Blow] regularly to discuss caseload and other issues, and will continue to do so, including the level of judicial resourcing required to conduct an efficient, modern court system with a manageable caseload."
Ms Archer said the government was committed to ensuring that all Tasmanians had access to an efficient and effective criminal and civil justice system.
It is understood a decision on the future of the acting judges will be made next week
"Management of caseloads and further reduction in the criminal backlog will be assisted by the appointment of a seventh permanent judge," 2020-21 state budget papers say.
The Director of Public Prosecutions annual report for 2019-20 said that there was a backlog of 690 cases at June 30 compared with 382 in 2016-17.
"The criminal backlog cannot be adequately addressed without a considerable increase to ongoing funding to this Office," Director Daryl Coates SC said.
"It should be remembered in respect to every case that is awaiting determination there are victims, witnesses and accused in a highly stressed situation.
"One of the consequences of cases being delayed is that witnesses become fatigued and unavailable or their memories fade. This results in the discharge rate increasing."
Budget papers show that 35 per cent of pending Supreme Court cases are older than 12 months with funding for Supreme Court services increasing from $14.27 million in 2019-20 to $14.49 million in 2020-21.
Acting Justice Shane Marshall told a trial in Launceston last week that his appointment ceased on January 24, 2021.
However, on Wednesday the sentencing in a case, in which he may be required to decide the facts for sentencing purposes, was adjourned until January 28 at 4pm.