The Gazette 1996

GAZETTE JANUARY/FEBRUARY 1996

L A W B R I E F

GAZETTE

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The Courts and Court Officers Act, 1995: A Significant Enactment by Dr. Eamonn G. Hall

Honour Judge David Hodson, stated that it also lessened the chances of a crack over the head from a disgruntled customer! Judicial Appointments Other provisions of a momentous nature were enacted in the 1995 Act. Many provisions can be described as constituting lawyers' law - of little interest to the layman - but of crucial importance to the practitioner of law. Part IV of the Act deals with the issue of judicial appointments. The Judicial Appointments Advisory Board will advise on appointments relating to the appointment of ordinary judges of the Supreme Court, ordinary judges of the High Court, ordinary judges of the Circuit and judges of the District Court other than the President of the District Court. The Chief Justice, the Presidents of the High Court, Circuit Court and District Court will not be subject to the "jurisdiction" of the Judicial Appointments Advisory Board, whose purpose is to identify persons and inform the Government of the suitability of those persons for appointment to judicial office. The Board consists of the Chief Justice, Mr. Justice Hamilton, the High Court President Mr. Justice Costello, the President of the Circuit Court, Mr. Justice Spain, the President of the District Court, Judge Peter Smithwick and the Attorney General, Mr. Dermot Gleeson, SC. The Act also provides for the appointment to the board of a practising barrister and practising solicitor. Mr. James Nugent, SC. chairman of the Bar Council and Mr. Thomas Shaw, Solicitor and former President of the Law Society have been appointed to the Board. The Minister for Justice appointed three members to the Board on January 15, 1996: the chairwoman of the Irish Association of Victim Support, Ms.

The Forensic Wig

December 15 , 1995 marked the start of a new era: The Courts and Court Officers Act, 1995 was signed into law by President Robinson. During the debates in the Oireachtas, lawyers and the media had been preoccupied with the issue of "bareheaded justice" - the cult of the wig. Section 49 of the Court and Court Officers Act, 1995 provides that from December 15, 1995 a barrister or solicitor when appearing in any court shall not be required to wear a wig of the kind heretofore worn or any other wig of a ceremonial type. Judges still retain their wigs. Wigs had formed part of the formal dress of judges and barristers since about 1670. Bishops also wore wigs on ceremonial occasions from around the same time but discontinued the practice during the reign of William IV around 1832. The legal wigs of the late 17th and early 18th centuries were made of horsehair which constantly needed frizzing and curling into place. The forensic wig conveys a sense of gravitas to a judge and barrister. Many argue that

Barristers in traditional Court dress

the curls were both unsightly and damaging to the wearer's clothes. Humphrey Ravenscroft of the noted robe and wig makers in London patented a wig made of white horsehair on March 14, 1822. This was the famous forensic wig whose pattern and method of manufacturer is used up to the present time. The wig does convey a sense of gravitas to a judge and to a barrister. There is also the issue of impersonal anonymity. In a recent survey, (criminal) defendants were reported to favour wigs. Many lawyers argued that an appropriate tone was marked by formal apparel including the wearing of wigs and gowns. Many argued that the wearing of wigs and robes constituted a useful and effective disguise. One judge requested that a thought should be spared for those judges at the sharper end of the criminal justice system. He was glad that when he did "ordinary things" (out of court) like going to the cinema, a football match and, he noted, "even occasionally, God Forbid, the supermarket", he did so without much prospect of recognition. The judge. His

wearing wigs and robes constitutes a useful and effective disguise.

Apparently maintaining the wigs in reasonable condition was an almost daily task involving their being treated with pomatum, a scented ointment, according to wig makers Ede and Ravenscroft and then liberally powdered. Apparently in the early days of wigs, they were regarded at best as unpleasant and heavy, while the pomatum and powder shed from