King's Counsel barrister title row as Chief Justice says prestigious title is to ‘serve the public interest’

SA’s top legal eagles are appointed “silk” to serve the public and not “exploit” clients by using a royal title to charge more money, the state’s top judge says.

Chief Justice Chris Kourakis and Attorney-General Kyam Maher. Picture: NCA NewsWire / Brenton Edwards

South Australia’s top legal eagles are appointed “silk” to serve the public and not “exploit” clients by using a royal title to charge more money, the state’s top judge says.

Attorney-General Kyam Maher has proposed scrapping the King’s Counsel legal title, which is awarded to senior court-based barristers considered industry leaders.

Supreme Court Chief Justice Chris Kourakis has hit back at criticism of plans to only permit the title Senior Counsel amid uproar from barristers, the judiciary, Bar Association and Law Society.

Draft laws, which Mr Maher tabled in state parliament last week, are expected to pass parliament with Greens support.

Under Supreme Court rules, the chief justice appoints a senior barrister to “silk” – a reference to court gown design – after considering candidate attributes and senior legal identities’ opinions.

But state law then allows successful applicants to apply to the Attorney-General, who then recommends to the Governor they be appointed a KC.

In an interview in his Gouger St chambers on Tuesday, Chief Justice Kourakis said 2020 law changes meant his court was now an “accreditation authority” that undermined its constitutional independence.

He knew of no other “senior office recognition” that allowed appointees to choose their title.

The Chief Justice, who didn’t request changes but said his court was supportive, said judges don’t “engage in political activism” as he denied reforms were a republican plot.

The court, he said, appointed barristers Senior Counsel in the public interest and not to “exploit” clients “so they can charge more”.

“As it happens, people we appoint Senior Counsel are entitled to a higher level of costs when … taxed in this court in litigation but, of course, many charges are levied outside the court,” he said.

“We don’t appoint them so that they can earn more. We appoint them so that the public has an objective idea of who is skilled or not. It’s not a right, it’s a privilege.”

Law Society figures show three quarters of almost 60 “silk” barristers in SA are KCs.

Daily rates vary but SA silks charge between $5000 and $10,000 a day, on average. Top interstate silks can cost more than $20,000.

The Chief Justice declined to comment if any judges had raised concerns because he didn’t publicly comment on internal judicial “processes”.

Mr Maher said existing KC can retain the title, which changed from Queen’s Counsel after Her Majesty’s 2022 death.

Chief Justice Kourakis rejected claims this undermined his argument because it reflected accepted retrospective principles.

“The idea that you give members of the independent legal profession a title which associates them with executive government is something that wouldn’t be accepted in modern times,” he said

“It’s simply because it being king or queens, we’ve forgotten the actual connotation.

“It’s now regarded as a quaint sort of traditionalist title. But my objection is that I really want people to focus on the public interest.”

Originally published as King's Counsel barrister title row as Chief Justice says prestigious title is to ‘serve the public interest’