The Gazette 1974

SOCIETY'S REPORT ON COURT ORGANISATION

by W. A. OSBORNE (Vice-President)

Part 1

The Twelfth Interim Report of the Committee on

Bourt Practice and Procedure relating to Court re-

organisation has been considered by the Incorporated

Eaw Society, and the views of Bar Associations through-

the country on the recommendations of the Com-

toittee have been very fully discussed and considered.

It has been noted that the Committee approached

consideration of the terms of reference with the follow-

g objectives in mind, viz. :

(

) The convenience of the public;

(

) The efficient dispatch of business;

(

) The volume of work and availability of legal prac-

titioners in any given centre;

Economy and the public interest.

^ The Society, while it accepts that the Committee's

a s i c

approach was correct, takes the view that the only

^-organisation which should be implemented, is re-

ganisation which will achieve the objectives named

a n

d in a balanced fashion. To achieve any one of the

Named objectives in isolation would not justify change

om the present system which has not been found to be

lective in any major facet.

a n

y recommendations fail to show objectives

I* will be appreciated that in specific areas of the

tountry, specific considerations arise in relation to some

the recommended changes, both in the District and

^Mcuit Courts, with particular reference to the Circuit

minal Court. Appended are comments from Bar

^ssociations which deal with local implications arising

the recommended abolition of named District

°Urts, named Circuit Courts and in particular, to the

ggested reduction in the number of venues of the

gs of the Circuit Criminal Court, and the inevit-

°blems which will arise if the recommendations

this respect are implemented. These reports show

ly and in a practical fashion how many of the

commendations fail to achieve the objectives named.

n e

reports are based on the particular experience of

p e t i t i o n e rs who are involved in the every-day work

toe Courts in question in their specific areas. In the

d'ff;

erience

o u r

ess

ion, no inherent problem or

Mculty has manifested itself in the system as it now

Perates. It has operated for many years without any

D UFR

«mplaint from practitioners, nor from the

generally. The system has ensured an efficient

?Patch of business in an economic fashion (consid-

j !

g the economic problems which are involved in

legation) and in particular, has operated to the satis-

ctiori of the public, save and except

and only

when

°rk has been in arrears, not through the fault of the

p e m , but as is generally known, through the non-

A b i l i t y of a sufficient number of Judges or Justices

deal with cases and in a lesser way, through the

non-existence of a sufficient number of suitable Court-

houses.

Failure to appoint Judges and lack of suitable Court-

houses

The failure to appoint sufficient Judges to service the

Dublin Circuit Courts resulted in very substantial

arrears accumulating which caused frustration, not only

to practitioners, but more particularly to the members

of the public. The additional cost involved in the

appointment of an adequate number of Judges was far

less than the loss incurred by the public generally. The

lack of suitable Courthouse accommodation has in

many instances arisen through the sheer neglect and

irresponsibility of some Local Authorities, who have

failed completely to carry out their statutory duties and

obligations by omitting and in some cases, absolutely

refusing to repair, maintain, or where necessary, to

provide suitable premises for use as Courthouses. There

are many Courthouses through the country which would

now be suitable if the minimum expenditure necessary

over the years was made available to keep the buildings

in reasonable repair and condition and to improve

buildings where necessary. It is a sad reflection on the

Local Authorities in question to find that many Court-

houses of fine architectural design and value are dilapi-

dated and eyesores. Even at this late stage, a reasonable

expenditure over the next few years would reinstate

many suitable buildings which are presently available

and would thereby provide the premises required. Suit-

able Courthouses, of which there are still many, reason-

ably and properly maintained with an adequate number

of Judges and Justices to serve them, would solve any

major faults which may have been found in the existing

system and would achieve the objectives named, without

the necessity of having to implement any fundamental

change in the present system. The cost of providing a

sufficient number of Judges and Courthouses, in the

view of the Society, would be far less than the value of

the time which would be wasted and the additional

expense which would be incurred, by members of the

public (either in their capacity as jurors or witnesses),

by the gardai, by professional witnesses, by accused

persons, by county registrars and their staff and by all

other persons involved in the legal system, if the recom-

mendations in relation to the Circuit Criminal Court

were implemented. From every point of view, it would

be far better to have an idle Judge or Justice, rather

than idle witnesses who are largely obliged to shoulder

the financial loss which they incur through their imposed

idleness, themselves. Many of the recommendations of

a fundamental nature, if implemented, would increase

the financial burden and loss and expense of the parties

mentioned. This general conclusion has been arrived at

on the basis of the comment hereunder made, which

comment is related to the specific matters and recom-

mendations of the Committee, namely :

100