When Susan Gray and Emma Priest re-established Blackstone Chambers in 2016, they aimed to follow the words of Barbara Mikulski, who said, “Each one of us can make a difference. Together we make change.”
The two Auckland criminal barristers set up The Good Lawyer, under which projects have been established to help prisoners beyond the provision of legal services. Both are experienced senior criminal lawyers who have practiced both as Crown and defence counsel.
“As part of our practice we want to contribute to society in a meaningful way,” Emma says. “We decided to create The Good Lawyer platform to do this.
One founding project was Shirt On Your Back, an initiative to provide shirts to people held in custody for jury trials, or where the media will be present in court. The aim is to minimise prejudice based on their appearance and to give defendants the ability to dress appropriately for court so they can meaningfully participate in the process.
“As criminal practitioners are aware, many defendants on remand do not have visitors or access to a clean presentable smart shirt. This causes stress and inequality in the justice process.
“We have permission from the Department of Corrections to have the shirts available at Mt Eden Prison. They will be regularly laundered by Corrections. Discussions are continuing to provide the same for women at Wiri Prison in Manukau.
In a perfect world, a client charged with a criminal offence should be judged by evidence and that alone. However, it is widely accepted that “first impressions” can play a role in the courtroom when it comes to how clients are perceived.
One judge in Otago sent seven defendants home to get changed before their hearings because of their attire.
“You’re in a courtroom, not [at] a beach,” the group, who were wearing jandals, shorts, and singlets, were told.
A change of clothes can be a beneficial part of rectifying any misperception, especially if a client’s case is covered by the media and they are exposed to the public.
However, not everyone has the means to buy a new suit or shirt for a court appearance.
“We recognised the effect that wearing a shirt had on prisoners in two ways,” says Susan of Shirt on Your Back.
“Firstly, in terms of perception by jurors in jury trials and the potential for adverse judgment whether consciously or unconsciously, which could impact on a fair trial. In terms of matters where the media were present, this extends to the general public and their perception of offenders.
“Secondly, there is a psychological impact on a defendant in terms of their presentation in court. The lack of a proper shirt brings feelings of inadequacy and difference in an already stressful environment.”
The appeal for the two women was that they could help remedy some of these problems directly.
“We are simply two barristers who contribute in a simple way on a regular and sustainable basis,” says Susan.
The response to Shirt On Your Back has been overwhelmingly positive.
“People have been amazingly generous. We have had brand-new shirts donated, others have donated entire book collections. Donators have included lawyers, real estate agents, students, judges, summer clerks, and administrative staff.”
The feedback from prisoners and clients has been rewarding.
“Many prisoners remark that it is the first time they have worn a shirt and would love to be able to keep them — there is a confidence that comes with people dressed appropriately for the court environment,” Susan says.
One client said, “Having a nice shirt to wear in court makes us feel more civilised. Not the odd one out in the courtroom.”
If you would like to donate to Shirt On Your Back, shirts can be donated at Blackstone Chambers, 14 Wyndham Street, Auckland CBD. Drop-off points are also available in Devonport and Mt Eden by arrangement. For more information, contact Susan at susan@thegoodlawyer.co.nz.