The Gazette 1974

SOCIETY'S REPORT ON COURT ORGANISATION

by W. A. OSBORNE (Vice-President)

tort 2

should be adhered to, namely that the annual close down during the month of August should be continued. It is felt however that to suspend the District Court for a period in excess of one month would be too long and could create adverse public comment and would inconvenience the public generally. Annual leave for Justices/working week The Society feels that these matters can be dealt with by the Justices and the Department of Justice. Recommendations 73 and 74 These recommendations are fully supported. CIRCUIT COURT—COUNTRY Paragraph 115 dealing with the Dublin Circuit Court indicates how some of the arrears in the Dublin Circuit Court were disposed of, namely by a Judge of a country Circuit postponing a sitting of his Court and attending in Dublin. While this particular arrangement helped to clear the substantial arrears in the Dublin Circuit Court, it had the effect of leaving arrears in many of the country Circuits and in some areas it has not yet been possible to overtake the arrears which arose during the assigned Judge's absence in Dublin. It is suggested that this type of, presumably, temporary change to meet arrears is not one which is either desirable or assisting the efficiency of the system. Transport In recommendation 121 a reduction in the existing number of venues is indicated as being justified on the grounds of economy and efficiency taking into account improved transport facilities and the greater turnover of a larger sitting and the securing of attendance of professional witnesses. The Society disagree entirely with the reasoning contained in this paragraph. The questions of the availability of public transport, of the attendance of witnesses professional or otherwise have been dealt with already. Larger Sittings It is suggested that a turnover at a larger sitting would result in a saving of the time presumably now lost in conducting shorter sessions at occasional venues. One must question the nature and extent of the time saving involved. There may be a saving in time from the Court's point of view, but any such saving must be weighed against the loss of time involved in having witnesses travel longer distances from their homes to attend Court and must take into account the fact that the limited number of Court venues will become exceedingly busy resulting in the inevitable difficulty of listing cases for hearing on specific days. The problem of witnesses being obliged to attend at a Court some considerable distance from their homes, with the resul- tant expense and the probability of a case not being reached and that their attendance will be required again and again, will add to the present frustration of witnesses. The loss of public time involved and the financial loss to the witnesses concerned will far outweigh any loss which may now arise through a Court having a short session at a convenient occas- 157

DISTRICT COURT EXCLUDING DUBLIN AREA ^'location of Districts and of District Justices Eor the reasons set out previously the Society are firmly of the opinion that the present s ystem of having a Justice assigned to a specific district toould be continued and that no case has been made J j c h would justify a change, whether in the District Urt or Circuit Court. If work should fall into J rr ears in any area through the assigned Judge or Justice finding more work than he can cope with, then temporary Judge or Justice should be appointed to eal with arrears only. Paragraph 56 of the Com- toittee's Report seems to suggest that an alteration in to present system would result in the ultimate saving J a t least three District Justices. While this may be so, to must weigh the saving gained in the nonappoint- Jtont of three District Justices, against the additional t ° s t and expense of having witnesses travel longer dis- Jnces to Courts with the consequent loss in time as °ve referred to. Abolition of District Courts s I he reports of various Bar Associations deal with the tocifi c recommendations in relation to the Courts in toestion. While it is agreed that in specific areas totein District Courts could be abolished or the number s sittings reduced, there is also a case in jtocific areas for an increase in the number of sittings rtesently held. These comments are based on practical n °wledge of the difficulties and problems in the areas tototioned. H to n ng of cases ^ I he recommendation that a Judge or Justice should J! Ve a discretion to hear a civil case at any one of the toduled venues in his district, where it is for the ^ re ater convenience of the parties so to do, is c -to which should be adopted, not only on the t L s 'de, but also on the criminal side, but only where c e parties involved wish to select a venue which is jtovenient to the Court and to all parties who are Y°lved in the particular trial. In practice it is the ;'ew 0 f the Society that the number of instances in a c h this arrangement will be of benefit or availed of te not great. C o a r t Sittings Ehe recommendations in paragraph 65 are supported. l 'tonsing Court * he recommendations in this paragraph are sup- r ted and it is the opinion of the Society subject to the ^tonients of the Dublin Bar Association that these re- tomendations should be implemented as quickly as WSsible as they will certainly result in a substantial c Vln g i n the present inconvenience and expense in- rp ed by the members of the public who are involved. Vacations I he recommendations in paragraph 68 are generally Ce ptable, save it is felt that the existing holiday period