Newsflash - the Ontario Government is looking for outstanding members of the public to sit on 27 separate police services boards throughout the province. Criminal defence lawyers need not apply.

What? Did I read that right?

Strangely yes. On the Ontario Government Public Appointment Secretariat's website found at: http://www.pas.gov.on.ca/scripts/en/upcomingVac.asp, there are nearly 200 postings for various positions on provincial agencies, boards and commissions.

But in the requirement section for the police services board postings, it states, "No judge, justice of the peace, police officer or ."

Presumably this restriction is present because of a perceived conflict of interest by the enumerated professions. But in the case of criminal defence lawyers, I don't see it.

Is it suggesting that criminal lawyers are blindly partial to criminals and that they do not want to live in safe communities? Or perhaps they are too inclined towards Charter rights, fairness and the rule of law?

Unlike the police and members of the judiciary, the defence bar is not paid through government salaries. If they are paid government money at all, it is by piecemeal legal aid certificates. But if you think about it, it is in everyone's best interest including defence lawyers for the police to do a good job.

Let's be clear, police services boards exist for effective administration of police organizations. They do not, or at least should not, direct or participate in police operations. Their role is to set administrative and fiscal policy.

Accordingly, a defence lawyer serving on a police services board is not in any conflict of interest.

Neither is it a general conflict for other professions like chartered accountants, business owners, or clowns for that matter to serve. The question that should be asked is who best can serve in the required capacity.

To say that criminal defence lawyers are in conflict because they make their living representing "criminals" is to miss the point. Having a thorough understanding of the criminal justice system is an asset and indubitably would be a positive influence on the effectiveness of police services boards.