Kings Counsel outrage as top KC condemns government and courts’ republican title ‘ideology’

The royal title row engulfing the state’s legal eagles and the two most senior law officers has deepened over claims it is pushing republican ideology.

SA’s most senior barrister, Frances Nelson KC, said the row was creating ‘disturbances’ in the legal profession ‘over an issue of ideology’. Picture: Mark Brake

A “raging bushfire” royal title row engulfing the state’s legal eagles and the two most senior law officers has deepened over claims it is pushing republicanism “ideology”.

Attorney-General Kyam Maher wants to scrap the King’s Counsel legal title, which is awarded to eminent court-based barristers nominated as industry leaders.

But draft laws, to just allow Senior Counsel, have sparked a “raging bushfire” of legal profession outrage, sources said, from senior lawyers, the judiciary, Bar Association and Law Society.

Mr Maher, who will fast-track proposed legislation into state parliament this week, argues his plans will “modernise language” but sources said government officials believe the “monarchist” title must go.

Ms Nelson, who took silk in 1982 said she felt obliged to defend her colleagues. Picture: Greg Higgs

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

Supreme Court Chief Justice Chris Kourakis states “silks” served the public and not to “exploit” clients by using a royal title to charge more money.

He labelled any confusion with law firm Special Counsels a “complete furphy” while he has denied his support was about republicism.

The changes, which the Chief Justice said the Supreme Court backed but he did not request, are expected to pass parliament with Greens support.

But in a major intervention, the state’s most senior barrister, Parole Board chairwoman, Frances Nelson KC, said there was unnecessary angst four years after the royal term was reinstated under the former Liberal government.

“I think the situation that was agreed not so long ago, where barristers could make a choice was … fair because we’re still a constitutional Monarchy,” she said.

“I don’t believe that politics should enter the administration of justice. This is creating disturbances in the legal profession over an issue of ideology.”

SA barrister Frances Nelson (R) named SA's second woman Queen's Counsel, pictured with her daughter Roma Williams, who was named after SA's first woman QC Justice Dame Roma Mitchell (L) in 1982. Picture: Advertiser files

Three quarters of almost 60 senior SA barristers are KCs while the title is used in Queensland and Victoria. NSW scrapped the royal title in 1993. Picture: Kelly Barnes

Ms Nelson, who took silk in 1982 and has been parole board presiding member for 40 years, said as “leader of the SA bar for many years” she felt obliged to defend her colleagues.

“I feel it’s incumbent upon me to comment on the suggestion that barristers who choose to adapt the title KC, as opposed to SC, are doing so for personal gain or to exploit their clients,” she said.

“Because KCs who practice in the criminal court are generally only paid legal aid and many silks do probono (free) work.”

Three quarters of almost 60 senior SA barristers are KCs while the title is used in Queensland and Victoria. NSW scrapped the royal title in 1993.

Daily rates vary but SA silks – both KC and SC – charge between $5000 and $10,000 a day, on average.

Chief Justice Chris Kourakis said the Supreme Court backed the changes but he did not request them. Picture: Dean Martin

Frank Pangallo will vote against the KC changes. Picture: Emma Brasier

Upper House independent MP Frank Pangallo, who will vote against the changes, said it ranked as “one of the most trifling matters ever to come before parliament in my time when there are far more pressing issues” in the courts.

“But what he [the Chief Justice] has done is enrage … barristers and solicitors – and insulted ‘silks’ – by trying to impose his own personal views on something already decided by parliament,” he said.

“Maybe the Chief Justice should give as much attention to [other] issues as he is with this trivial matter the majority of the community doesn’t care about.”

The Chief Justice responded: “I reject the unfounded inflammatory and politically inspired defamatory remarks of Mr Pangallo.”

Mr Maher would not comment on Sunday but his spokesman said it was a “small measure to modernise the language used in our courts and acknowledge the fact that silks can represent all clients, not only the government”.

Former Supreme Court Judge David Bleby also argues there is “no justification for retaining the title King’s Counsel”.

Originally published as Kings Counsel outrage as top KC condemns government and courts’ republican title ‘ideology’