The Gazette 1993

GAZETTE

IMNAGEMN JUNE 1993

Killarney, Kilkenny, Listowel, Monaghan, Naas, Portlaoise, Trim, Tralee, Tullamore and Waterford District Court Offices. The networking of all local probate offices to the Central Office in the Four Courts is almost complete. Work on replacing the computer system in the Metropolitan District Court and Limerick District Court is also underway. The Minister also stated that research assistance was being made available to judges. Computer facilities have also been provided in the judges' library. I Review of Activity Levels in Circuit | and High Courts A review of activity levels in the High ! and Circuit Courts to assess the impact on these courts of the alteration in the court jurisdiction levels introduced by the Courts Act, 1991, is almost com- pleted, according to the Minister for Justice, Ms. Geoghegan-Quinn. She stated that when the full findings of the review became available, she would be in a position to recommend to the Government any reallocation of resour- ces which may be warranted to expedite the hearing of cases in the courts. The Minister noted that over 50% of all civil bills or summonses issued were subsequently not pursued through the court system. The Minister was very concerned about delays in the hearing of civil cases and some Circuit Court venues and in the High Court. Land Registry Decentralisation The implications of the decentralisation of a part of the Land Registry to Waterford was being considered in consultation with the interim board, which had been appointed to assist with the reconstruction of the Land Registry and the Registry of Deeds as a semi- State Body. The Minister for Justice stated that it was not possible at this stage to be specific about job numbers or the time scale involved. Judicial Commission The Programme for Partnership Government contained a commitment to establish a Judicial Commission which would examine, among other matters, the overall management of the courts and make appropriate recommendations to the Government. The Minister for

Justice stated that necessary consulta- | tions in relation to the establishment of 1 the Commission were underway. The Minister also stated that it would be open to the Judicial Commission to formulate proposals, if it considered appropriate, for a unified courts service. Business Tenancies The Programme for a Partnership Government 1993-1997 provides, inter alia, that a Bill will be introduced to amend the law on business tenancies. The Minister for Justice stated that the Bill was being prepared in her Department. A report of the Committee on Court Dress, established by the Bar Council, is at present under consideration by the Bar Council of Ireland. One muses whether the Irish Bar Council will adopt the attitude of their counterparts in Britain. In Britain it appears that the eighteenth century hallmarks of British justice are not to be discarded. The overwhelming verdict of more than 500 people and organisations who have put their views to the Lord Chancellor and the Lord Chief Justice is that judges should keep their wigs on. Some felt that the wigs made barristers and judges look ridiculous. Some feared that the legacy from the eighteenth century might lead people to assume that the person wearing a wig was likely to be thinking in an eighteenth century way. The overwhelming view of the criminal bar in England and Wales was that wigs should be kept; 72% of the 580 members favoured retaining their head gear. Half of the rest wanted to discard wigs, but keep gowns. Only one in eight wanted ordinary clothes to be worn. Barristers, both male and female, agreed that wigs and gowns ensured respect, and that clients responded positively. Apparently, members of the public in Britain liked wigs and wanted the barristers to hang on to them. Even a poll among defendants showed a majority in favour of retaining the wigs. The message was that defendants Keep the Wigs On

The eighteenth century hallmarks of British Justice are not be be discarded.

! wanted to be represented by a proper barrister with a wig.

Uncensored Electronic Mail

j Many businesses in the United States I use electronic mail. However, it is also becoming a means for a new and rich source of evidence for lawyers suing companies. Apparently, lawyers are joining forces with computer programmers to dig up old, lost and even "deleted" electronic missives, which often turn out to be more damaging than any paper memo could be. One programmer said that persons will state something in electronic mail, which they would never do in a letter. Apparently, in electronic mail, persons are inclined to record their thoughts in an uncensored way. Lawyers, particularly in the California Silicon Valley, where electronic mail ! has been used for decades, are now requesting a search of electronic mail and any computer back-up systems. Apparently, in some of these firms, it was noted that where there was a paper trail, there usually was a more extensive electronic trail first. Lawyers seeking discovery in Ireland should not forget about the electronic mail trail. •

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