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

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.

Keep the Wigs On

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

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.

•

170