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Volume 12, issue 3. October 2010
COURTS
Service News
Courts Service
NUACHT NA SEIRBHÍSE CÚIRTEANNA
www.courts.ie
drugs
g
n
i
c
n
e
sent
New Website
dangero
us
driving
undue
lenienc
y
sexu
al
assa
ult
OPENING OF THE
NEW LEGAL YEAR
JUDICIAL COUNCIL
BILL PUBLISHED
NEW COURTHOUSE
FOR KILMALLOCK
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2 contents
p08
p10
p15
p20
p22
p29
CONTENTS
REGULARS
FEATURES
Welcome Note
3
Launch of ISIS new Website
Practice and Procedures
4
Sentencing Information
and Policy
Appointments
23
Retirements
24
Obituaries
26
Book Review
30
Competition
31
Through the Lens
32
10
12
NEWS
Opening of Kilmallock
Courthouse
A look at the work of
legal executives
18
Kings Inns historical documents
19
SOCIAL
8
Judicial Council Bill
14
On the bench Does gender matter?
15
Poem
27
Holiday Review
29
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welcome 3
Welcome
Welcome to the October issue of Courts Service News. As we mark the
opening of the new Legal Year (page 22) we bring you news of the opening of
refurbished courthouses in Kilmallock (page 8) and Gorey (page 18).
Details of a proposed Judicial Council have been published in the Judicial
Council Bill, 2010 (page 14) and on pages 10 & 11 you’ll find our featured article
on ISIS, the Irish Sentencing Information System. This is a pilot website which
gives an insight into how our courts sentence people convicted of crimes. On
foot of the launch of the website Gerry Curran provides an opinion piece on
sentencing in Ireland (pages 12 & 13).
CONTRIBUTORS TO
THIS ISSUE
We bring good news about initiatives taken in the High Court (page 6) and in
Dublin District Family Law court (page 5) which have reduced backlogs in both
these areas of business without the luxury of extra resources.
As always the Courts Service endeavours to reach out to the public at home
and abroad. On page 20 you can read about the contribution by the staff in the
Circuit Court in Cork and on page 21 American law students tells us about their
experiences working with the judiciary in the High and Supreme Courts this
summer.
As the evenings get shorter and grow colder you might like to curl up with a
book or three when you read our book review on page 30. Or if you prefer to get
away from the weather you might like to try Madrid (page 29).
We wish all our readers a dry and crisp Autumn.
Fíona Farrell
Courts Service
Courts Service News is the
magazine of the Courts
Service. Contributions are
drawn from a wide area
and do not necessarily
reflect the views or policies
of the Courts Service. The
editors reserve the right to
edit all contributions,
including letters.
Courts Service News,
Information Office,
15-24 Phoenix Street North,
Smithfield,
Dublin 7.
Telephone: (01) 888 6459
Fax: (01) 873 5250
Email:
[email protected]
Web: http://www.courts.ie
Editorial Team:
Helen Priestley, Fiona
Farrell, Mairead Fitzsimons,
Gerry Curran.
Design: Design
Communication, part of
Ashville Media Group,
57/59 Sir John Rogerson’s
Quay, Dublin 2.
Print: Fine Print Ltd
Perigord House
Damastown Industrial Park
Dublin 15.
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4 practice and procedure
NEW COURT RULES
SUPERIOR COURTS
S.I. No. 361 of 2010
RULES OF THE SUPERIOR
COURTS (ARBITRATION) 2010.
These rules facilitate the operation of
the Arbitration Act 2010, inter alia, by
amending Order 11 and the
substitution of a new Order 56 for
orders 56 and 56A of the Rules of the
Superior Courts.
to the County Registrar the power
exercisable by the Court under that
provision to require production and
exchange by the parties of estimates
of costs.
S.I. No. 445 of 2010
CIRCUIT COURT RULES
(MISCELLANEOUS) 2010
These rules effect various
amendments to numbering of
provisions and forms identified as
requiring correction in the Circuit
Court Rules.
S.I. NO. 420 OF 2010
RULES OF THE SUPERIOR
COURTS (REVIEW OF THE
AWARDS OF PUBLIC CONTRACTS)
2010.
These rules prescribe the procedure
in respect of applications to the High
Court under: the European
Communities (Award of Public
Authorities Contracts) Regulations
2006 (S.I. No. 329 of 2006); the
European Communities (Award of
Contracts by Utility Undertakings)
Regulations 2007 (S.I. No. 50 of
2007); the European Communities
(Public Authorities’ Contracts)
(Review Procedures) Regulations
2010 (S.I. No. 130 of 2010); and the
European Communities (Award of
Contracts by Utility Undertakings)
(Review Procedures) Regulations
2010 (S.I. No. 131 of 2010)
DISTRICT COURT
S.I. No. 444 of 2010
CIRCUIT COURT RULES (COSTS)
2010.
These rules amend rule 1 of Order 66
of the Circuit Court Rules to extend
S.I. NO. 260 OF 2010
DISTRICT COURT (CRIMINAL
JUSTICE (MISCELLANEOUS
PROVISIONS) ACT 2009)
RULES 2010.
These rules amend Orders 16, 18, 27
and 28A of the District Court Rules to
CIRCUIT COURT
S.I. No. 446 of 2010
CIRCUIT COURT RULES
(PENSION OMBUDSMAN) 2010
TThese rules re-number Order 63E
of the Circuit Court Rules as Order
57B and amend that Order to take
into account the transfer to the
Pension Ombudsman from the
Minister of the function on applying
to Court for enforcement of the
Ombudsman's determination, by
virtue of the amendment of section
141(1) of the Pensions Act 1990 (as
inserted by section 5 of the Pensions
(Amendment) Act 2002) by section
21 of the Social Welfare and Pensions
(No.2) Act 2009.
More about setting cases down
for trial in the High Court
W
e mentioned in our last issue that following an amendment to
the Rules of the Superior Courts (S.I No. 209 of 2010) it is no
longer necessary to lodge a book of pleadings at the counter when
setting a case down for trial in the High Court. Instead the book is to
be handed into the registrar on the assigned hearing date.
Check out www.courts.ie for a handy checklist of documents now
required and the procedure to be followed when setting a case down.
The checklist is contained in a revised version of the High Court
Central Office leaflet ‘Setting proceedings down for a date for trial'
available in pdf on the site. It can be downloaded under ‘General
Information Publications’ in the ‘Publications’ section. Alternatively
use the search facility.
facilitate the operation of provisions of
the Criminal Justice (Miscellaneous
Provisions) Act 2009.
S.I. NO. 314 OF 2010
DISTRICT COURT (CRIMINAL
JUSTICE (SURVEILLANCE) ACT
2009) RULES 2010
These rules insert a new Order 34A
to facilitate applications to the
District Court pursuant to the
Criminal Justice (Surveillance) Act
2009
S.I. NO. 325 OF 2010
DISTRICT COURT (ENFORCEMENT
OF MAINTENANCE ORDERS)
RULES 2010
These rules amend Orders 54, 57
and 62 of the District Court Rules to
facilitate the operation of section 8 of
the Enforcement of Court Orders Act
1940 as amended by the
Enforcement of Court Orders
(Amendment) Act 2009.
S.I. NO. 360 OF 2010
DISTRICT COURT (CRIMINAL
JUSTICE (SURVEILLANCE) ACT
2009 (No. 2) RULES 2010
These rules substitute forms 34A.1 to
34A.15 in Schedule B.
S.I. NO. 421 OF 2010
DISTRICT COURT
(INTELLECTURAL PROPERTY)
RULES 2010
These rules substitute Order 31B and
add form 31B.10 to 31B.13 in Schedule
B to facilitate the operation of
sections 133 and 257 of the Copyright
and Related Rights Act 2000.
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practice and procedure 5
Waiting times reduced in Dolphin House
News of a reduction in the time it takes to get a hearing date in court is always good news. Eoin
Manning of Dublin District Family Law Office brings news of such a reduction in Dolphin House,
the busiest District Family Law Court in the country:
I
n November 2009, the waiting time for family law hearing
dates in Dolphin House was 12 weeks. For child care
hearings it was even longer - up to six months, or longer for
cases with lots of witnesses. The lengthy wait was a matter of
concern to judges, management and staff. The solution was
obviously to provide more court sittings, but our three courts
were already operating at full capacity. Extra courts during the
long vacation had had a limited impact, and the next long
vacation was a long way off.
A solution presented itself with the opening of the Criminal
Courts of Justice. The business of the Dublin Metropolitan
District Civil Office was moved across the Liffey to Áras Uí
Dhálaigh and the Richmond Courthouse immediately freeing
up two courtrooms in Dolphin House. The President of the
District Court, Judge Miriam Malone, provided two extra
judges - one for family law and one for child care. Finding
registrars was not so easy, especially as we had only recently
lost one to a career break. Suffice it to say that after much
reshuffling and reorganising the registrars were in their seats
and our new courts were up and running. The extra family
court began hearing cases on 15th February 2010, and the
extra child care court a month later.
The effect has been dramatic. Today, the wait for a family
law hearing has been reduced to less than eight weeks, while
for child care hearings it is now less than three months. While
the extra sittings placed heavy demands on all staff especially at the outset - everyone has been up to the
challenge. The key ingredient has been the willingness of
staff to support the extra courts, despite the prevailing climate
of slender resources and slimmer pay packets.
Dolphin House deals with family law applications from
Dublin city, parts of Dublin county (west and
southwest) and the Leixlip and Celbridge area of
county Kildare. It deals with child care applications for
the entire city and county of Dublin, except for a tiny
part of southeast Dublin which forms part of the district
court area of Bray.
NOTICE OF CHANGE
OF VENUE
CHANGES TO DISTRICT
COURT AREA
HEALTH AND SAFETY WORKS
Gorey District Court Sittings
District Court Area No. 20
With effect from 1st September 2010
sittings of Gorey District Court have
moved to (the new) Gorey Courthouse,
Gorey Civic Centre, The Avenue, Gorey,
Co. Wexford.
The old courthouse located on Main
Street, Gorey, Co. Wexford is no longer in
use as a courthouse (see page 18).
With effect from 1 September 2010 the
District Court area of Kanturk has been
amalgamated into the District Court Area
of Mallow. No further court sittings will
take place in Kanturk.
The Courts Service will carry out essential
health and safety works on Wicklow
courthouse in the coming months. With
effect from 1st September 2010 the
courthouse will not be available for any court
business for a temporary indefinite period.
All sittings of Wicklow Circuit Court and of
Wicklow District Court will, until further
notice, be held in Bray Courthouse, Civic
Centre, Main St., Bray, Co. Wicklow.
Further information is available on:
www.courts.ie
With effect from 1 September 2010 the
District Court area of Mitchelstown has
been amalgamated into the District Court
Area of Fermoy. No further court sittings
will take place in Mitchelstown.
Wicklow Courthouse
Bray District Court Office, Bray Courthouse,
Main St., Bray, Co. Wicklow.
Tel: 01 2744800. E-mail: [email protected]
Wicklow Circuit Court Office, 3 Wentworth
Place, Wicklow Town.
Tel: 0404 67361. E-mail: [email protected]
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6 practice and procedure
Vacation sittings help clear
asylum judicial review cases
W
ith the majority of High Court lists in a
healthy state, focus turned during the
Long Vacation to continuing to make an impact
on the backlog of asylum judicial review cases.
At the request of the President of the High
Court special sittings of the High Court were
scheduled during September, resulting in
excess of 40 cases being listed for hearing
during the month.
High Court Principal Registrar Kevin O’Neill
explains how this was accomplished by High
Court judges and Courts Service staff. “In
recent years there have increasingly been
multiple sittings of the High Court on a daily
basis during August and September, disposing
of hundreds of applications. This year was no
different. However, in addition to hearing Long
Vacation lists, bail lists, examinerships and
other urgent matters, High Court judges held
additional sittings in the Four Courts over a four
week period during September to deal with
asylum cases. These hearings were facilitated
in court and administratively by High Court
Registrars carrying out additional assignments.
Owing to decreased staff numbers, volunteers
from other areas in the Courts Service came
forward to assist their colleagues in the High
Court in supporting the judiciary in this initiative.
This is a great example of organisational
teamwork and, particularly in these difficult
times, I am very grateful for the co-operation of
everyone involved”.
“This is a great example of
organisational teamwork and,
particularly in these difficult
times, I am very grateful for the
co-operation of everyone
involved”
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news 7
GUARDIANSHIP AND
WARDSHIP CONFERENCE
SHARING EXPERIENCES AT
T
he Biennial Conference of the Guardianship and
Wardship Jurisdictions of the United Kingdom and of
Ireland took place at Farmleigh House in Dublin recently
hosted by the Reform and Development Directorate of the
Courts Service.
The event was formally opened by the President of the
Circuit Court, Mr. Justice Matthew Deery, who addressed the
conference and attended the entire of the first day sessions.
Visiting delegates included Senior Judge Denzil Lush of
the Court of Protection in London, Sheriff Tom Welsh QC,
Director of the Judicial Studies Committee for Scotland,
Sheriff John Baird, Sheriff Nikola Stewart of the Sheriff's
Association and Master Hilary Wells, Office of Care and
Protection, Northern Ireland. Martin John, Public Guardian
for England and Wales and Sandra McDonald, Public
Guardian for Scotland and members of their management
teams also participated, as did representatives of the
Northern Ireland Department of Health, Social Services
and Public Safety.
The host delegation included the Registrar of Wards of
Court, James Finn, the General Solicitor for Minors and
Wards of Court, Margaret Molony, and case officers from
their offices. The President of the Law Reform Commission,
Mrs Justice Catherine McGuinness and Commissioner
Patricia Rickard-Clarke were also in attendance. The
Department of Justice and Law Reform was represented by
Clare Dowling, Civil Law Reform Division.
The Conference agenda included a consideration of
Wardship Conference Sept 2010
legislative and other developments in each jurisdiction, and
operational issues. Scotland and England and Wales have
seen major reforms of their laws on mental capacity and
protection of incapacitated adults in 2000 and 2005
respectively. Combined mental health and mental capacity
legislation is proposed to be introduced in Northern Ireland
in 2011.
The Scheme for a Mental Capacity Bill published in this
jurisdiction in 2008 envisages the replacement of the
existing wardship system with a new regime for the
protection of the personal welfare and property of the
incapacitated, and significant new jurisdiction being
conferred on the Circuit Court as well as the High Court in
this area. A new Office of Public Guardian would also be
established. The Scheme owes much to a considerable
body of work undertaken by the Law Reform Commission,
culminating in its Report on Vulnerable Adults and the Law
of 2006.
Mr. Justice Matthew Dee
ry opens the conference
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8 news
Kilmallock shines
as courthouse opens
and wins award
T
k County Council,
Cathaoirleach of Limeric
State at the
Councillor Richard Butler,
of
r
iste
Min
.
T.D
er,
, Peter Pow
Judge Miriam
Judge Mary O’Halloran
and
CEO
n,
Rya
n
Affairs, Brenda
g of
nin
Department of Foreign
ope
cial
offi
the
District Court at
Malone, President of the
use
Kilmallock courtho
he great weather of late July
provided a warm welcome to
those attending the official opening
of an ultra modern, civic addition to
the townscape of Kilmallock - as the
new town courthouse was opened
by Minster for State at the
Department of Foreign Affairs, Mr.
Peter Power T.D.
The courthouse set in the
splendidly presented town centre,
was described by District Court
President, Judge Miriam Malone as,
“both pleasing on the eye and
complimentary of the heritage and
antiquity around it”. Representing
the Chief Justice (and Chairman of
the Courts Service Board) and the
Board, Judge Malone commented
that the new building “pays tribute
both to the essence and importance
of the law in our lives, and to the
excellence of the design and
construction efforts which brought it
to fruition”. Cathaoirleach of
Limerick County Council Richard
Butler commended the wonderful
new civic precinct. “It is an ideal
example of the District Courts of the
future”. The Minister complimented
the initiative which he said was a
“good example of team efforts and
collaborative results”.
New courthouse
The courthouse project cost €2.5
million and is central to a new civic
area which includes the local
authority area office and the branch
library. The excellence of the
design has already been recognised
in the recent Royal Institute of the
Architects of Ireland award for Best
Public Building.
Renovation was not simple. As
nothing of the original interior
remained, the building was stripped
to form a great double-height hall,
as a new entrance. The courtroom,
accessed via a lobby which allows
views to the garden beyond, is
walnut-panelled in contrast to the
cool entrance hall. This space, with
its dark furnishings and filtered
light, is in the tradition of Irish
courtrooms dating from the 19th
century.
A suite of private meeting rooms
and accommodation for legal
practitioners and their clients are
accessed from the entrance hall. This
emphasises the Courts Service
commitment to the dignity and
privacy of those who attend at court.
Secure, independent access is
provided from the rear for prisoners,
whilst the judge’s chambers, is also
independently accessed.
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news 9
Environment and energy
Universal Access
It is estimated that a 45%
reduction in carbon emissions will be
achieved through special
environmental measures in the
building. All spaces in the complex
are day-lit with the use of diverse
techniques to introduce natural
lighting. Ceiling heights are
generous, increasing daylight
penetration throughout. Wall and
ceilings are further used to reflect
light within the building. The artificial
lighting which is used, is photocontrolled, responding to internal
lighting levels by automatically
dimming. It is also activated by
occupant movement which further
increases energy efficiency.
The building is constructed using
a concrete by-product of the steel
industry, reducing the carbon
footprint of the project. High levels
of external insulation, combined
with strategic use of glass, reduce
heat loss and maximise passive
solar gains.
Use of indigenous materials
including local stone, reduced the
energy used in the transportation of
materials. A biomass wood-pellet
boiler is supplemented by solar
panels for heat and hot water
requirements. An array of panels, laid
out on south-facing roofs, provide
electricity for use in the building, with
the excess being sold back to the
national grid.
The new buildings in
Kilmallock are the main point of
contact between the community
and public service providers in
the district. As such, they cater
for people of diverse needs and
abilities. Access is achieved
through the strategy of placing
all accommodation at ground
level thus minimising and,
where possible, eliminating all
changes in level throughout
the project. This has been
matched with an uncluttered
and well planned public
space, layout and furnishing.
Eileen Treacy, District Cou
rt Clerk and Margaret O'D
ohertyCallinan, Limerick Distric
t Court Office with her hus
band Pat
Kilmallock Courthouse is already
acknowledged as a great public
building.
Shay Kirk formerly of Infrastructre Services Directorate, John Mahon, Infrastructre
Services Directorate, Eileen Treacy, District Court Clerk and Noel Chambers, retired
Limerick District Court Clerk at the opening of Kilmallock courthouse
Hilary McSweeney, Elaine Jones both of Limerick District Court Office with Eamon
Kiely, Marita Guiney and Ruth Penney of the Southern Regional Office
Peter Power T.D., Minister for State at the Department of
Foreign Affairs and Judge Miriam Malone, President of the
District Court unveiling the plaque
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10 feature
New website gives
snapshot of judges’
approach to sentencing
drugs
dangero
driving
undue
lenienc
y
sexu
al
assa
ult
A
new pilot website gives an insight
into how our courts sentence
people convicted of crimes. It will be a
resource for those who want to
examine and understand sentencing
in the Irish courts. The website,
www.irishsentencing.ie , is a
focussed, central point of information
on how the courts deal with the cases,
circumstances and legal issues of
sentencing. Known as ISIS – Irish
Sentencing Information System – it is
both a database and a website.
ISIS brings together resources from
various areas and provides new
research and detail on sentencing
conducted under a committee chaired
by Mrs. Justice Susan Denham of the
Supreme Court. As it is of a pilot
nature, people are urged to respond to
its content and data with suggestions
as to future inclusions. The content
will be assessed in light of feedback
from users.
The website - which is free and
open to all – contains over 1,000
records which can be searched and
compared. It has statistics on
sentencing, case law on issues
surrounding sentencing, synopses of
the decisions of the superior courts
on sentencing issues, links to full
judgments, and access to a database
on actual sentences imposed in
various crimes and cases. These
cases cover a broad spectrum
us
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Página 11
feature 11
including drugs, dangerous driving,
undue leniency, rape and sexual
assault.
It gives a qualitative overview and
a snapshot in time of how our courts
treat various offences, who
committed them and the
circumstances in which they took
place. There are also a number of
academic articles by experts in the
area of sentencing.
Welcoming the initiative Chief
Justice Mr. Justice John L. Murray
said “this pilot website and
database is an initiative which will
provide a rich source of information
for all interested in the study of the
criminal justice system. Developing
this project required extensive work
and research, including the
resolution of a number of complex
issues. Mrs. Justice Denham and
the members of the committee are
to be congratulated on successfully
bringing it to fruition.
In extending further the
information which the courts are
making available about their activities
the project marks a very positive step
forward in promoting public
awareness of the functioning of the
courts in the field of criminal law and
in particular the sanctions imposed
on those convicted of crime.
The new pilot database, although
not comprehensive at this stage,
will nonetheless be a valuable
resource from many different
perspectives for members of the
judiciary as well as for lawyers,
researchers, criminologists,
sociologists and those concerned
with the needs of victims and their
families”.
Justice Minister, Mr Dermot Ahern
T.D. welcomed the launch of the
website, stating "the courts play a
vital role in the operation of society
and in providing redress for those
affected by crime. The public is
rightly interested in how the courts
operate, with a particular interest in
the sentences of the courts,
developing over the past few years.
There is no doubt that this new
pilot website will provide much
information in this area. A snapshot
of how the courts approach
sentencing is provided through the
judgments and summaries
contained on this site. Debate in the
area is reflected through the section
containing publications from
leading academics and lawyers”.
Pictured at the launch of ISIS are Committee members: Mr. Justice Esmond Smyth, Mrs. Justice Susan Denham, Chairperson of ISIS, Miriam
O’Flanagan, executive Secretary to ISIS committee, Mr. Justice Michael Peart and Professor Tom O’Malley B.L.
The Steering Committee established by the Board of
the Courts Service to create ISIS has worked over the
past number of years to bring about the new research,
database, collection of information and website.
The Steering Committee is as follows:
The Hon. Mrs. Justice Susan Denham (Chair)
The Hon. Mr. Justice Kevin O’Higgins (up to 31st
of July 2008)
The Hon. Mr. Justice Michael Peart
The Hon. Mr. Justice Esmond Smyth
The President of the District Court, Her Honour
Judge Miriam Malone
Thomas O’Malley, BA, MA, LL.B, LL.M, Faculty of
Law NUI, Galway
Executive Secretary, Miriam O’ Flanagan –
Assistant Principal Officer the Courts Service
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Página 12
12 feature
OPINION:
Sentencing
Information
and Policy
T
he Irish Sentencing Information
System – ISIS - will be a useful
resource for those who debate how
the courts deal with cases where guilt
is established. Our sentencing system
is presented in a very simplistic
manner, often by those who argue
about it and yet spend little or no time
in court. Sentencing will always be a
topic of discussion as its role in society
is compromised by what it is asked to
do. Traditionally it was seen as a
punishment – just desserts if you wish.
Today it can mean anything - from
retribution, to rehabilitation and
restoration of the person, to
deterrence for others, to safety or
amends for the community.
Whichever theory or politics one
adopts, there remains the increasing
complexity of sentencing.
Whereas once it was rather simple in the main serious crime was met
with death, minor crimes with
unlimited periods of imprisonment or
unspecified fines, with novel
alternatives being a period in the
stocks or transportation – it is now a
vast array of alternatives, weights and
balances – with prison and fines
remaining a mainstay, as is the use of
the Probation Act for conditional
dismissal of charges, suspended
sentences with conditions,
community service, supervision of
young offenders, drug treatment,
victim impact statements, and the
uniquely Irish phenomenon of the
court poor box.
With a constitutional guarantee
underpinning the independence of
the judiciary, there has been a thankful
reluctance on the part of the executive
and legislature to get over involved in
tinkering with sentencing policy, with
minimum sentencing requirements
restricted to murder, and ‘suggested’ with several out clauses - in serious
drug trafficking and weapons charges.
In this non interventionist mode,
ISIS is intended to be entirely
descriptive rather than prescriptive in
nature. It is does not go down the
‘guidelines for sentencing’ route as
some may have feared or hoped it
would. What it does offer, in
abundance, is a sense of the complex,
disturbed, painful, absurd and
challenging lives some people lead –
of the milieu of complexity faced by
the judiciary in coming to any
meaningful sanction for the
defendant, or possible path to
recovery for the victim or community.
With the use of vignettes from
sentencing evidence and remarks, it
offers an insight into the process of
creating a just outcome.
Column Kenny media lecturer and
barrister, wrote recently that ISIS “can
help judges take a rational approach
to sentencing”. In this regard the site
contains over 40 summaries and links
to judgments of the Court of Criminal
Appeal and the Supreme Court
relating to sentencing. Insofar as
guidelines to sentencing exist in this
jurisdiction, these are a great
resource as to the parameters and
content of debates around the issue
and the thinking of the superior
courts in this regard. They at least
create a paradigm of debate and
understanding which can be built
upon.
It might well be argued that we
need a full time, permanent Court of
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Página 13
feature 13
“ISIS can help judges take a
rational approach to
sentencing”.
Column Kenny
Media Lecturer and Barrister
Appeal to develop jurisprudence on
sentencing. Last year a government
appointed committee, chaired by Mrs
Justice Denham, said that the need for
a court of appeal, with permanently
appointed judges, was overwhelming
– not just because of the numbers of
cases which go before our Supreme
Court as an automatic right not
enjoyed in any other jurisdiction – but
also in relation to the aforesaid need
for continuity in the development of
case law – particularly in the criminal
area. A referendum on this matter
forms part of the current programme
for government.
It could be said that the approach to
sentencing in most common law
countries is individualistic to the
judge. In the UK politicians have filled
what might be described as the
‘sentencing guidelines gap’ with
deeply politicised laws and policies.
Judges continue to use non custodial
alternatives but as a result of
legislation there is an ever expanding
prison population. With our own
prison population reaching over 5,000
for the first time ever, it seems that a
root and branch examination of the
principles of sentencing could be
catered for by an expanded Court of
Appeal – wisdom from those who
work in the system – rather than by
methods which have proved fruitless
elsewhere.
The bifurcation of sentencing into
lengthy prison sentences for serious
and violent crimes and for prisoners
posing an ongoing threat, with the use
of shorter periods of custody,
suspended sentences, fines and
community sanctions for more minor
offences, was mooted as government
policy in the UK from the 1970’s. The
cost of prisons was as much to do with
its adoption as any pressing need to
offer more humane alternatives. Yet it
seems it has imbedded itself into our
system. A look at the sentencing
figures from the Courts Service
Annual Report 2009 reveals as much.
In the District Court there were just
under 20,000 prison sentences for
road traffic offences, public order and
assault, less serious drugs offences,
theft, and more minor sexual
offences. The same category of
charges attracted almost 92,000
fines, over 22,000 community service
or probation orders, or dismissal
under the Probation Act. Over 75,000
other charges were taken into
consideration. The use of custody in
only the more serious cases or for
repeat offenders is evident from
figures in the Children Court, where
603 of a total of 8,428 offences were
punished via detention.
For more serious crime, our courts
do use prison over the alternatives
relied upon in the District Court. 51
sentences of over 10 years were
imposed in the Circuit Court - mostly
for serious drugs offences. There were
235 sentences of between five and
ten years again with more than half for
serious drugs offences. There were
1,000 sentences of between two and
five years of which 28% were for theft
and robbery offences and 23% for
drugs. Reflecting the more serious
nature of the offences, the Circuit
Court used community service orders
in 159 cases and fines in 115. The 870
suspended sentences reflect the
individualistic nature – not of the
judiciary per say – but of each crime,
each defendant, and each set of
circumstances. In the Central
Criminal Court, where mainly rape and
murder are dealt with, there is a large
reliance on custodial sentences –
reflecting the view of society that
these are the most serious of crimes.
It is here that in the years ahead, as
ISIS is populated with more
information and containing the earlier
referred to vignettes of sentencing,
that we will truly be able to use the
flatness of the statistics and the colour
and three dimensional stories of
peoples lives and the circumstances
of crime, to create a picture of how our
courts reach a balance between the
needs of society, the rights of the
victim and the treatment of the
defendant.
Gerry Curran is the Media Relations Advisor to the Courts
Service. He holds a masters degree in criminology and a
degree in law. He worked for 11 years in the juvenile justice
system and journalism, before coming to the Courts
Service ten years ago.
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Página 14
Judicial Council
Bill published
14 news
In our last issue we interviewed Marilyn King, Registrar of the
Judicial Council of Ontario. Since then the Government has
published details of a proposed Irish Judicial Council in the
Judicial Council Bill 2010 as Gerry Curran reports:
T
he proposed Judicial Council
will be made up of all serving
members of the judiciary and will
be independent in its functions. A
board comprising representatives of
each of the court jurisdictions will
support and manage policy under
the overall authority and oversight
of the Council.
The new Bill creates a
comprehensive means of
investigating allegations of judicial
misconduct and provides options
where the nature of the misconduct
warrants investigation and action.
Until now, the removal of a judge
from office, for stated serious
misconduct, was the only option
open to the Oireachtas and one that
has never been exercised by the
legislature.
Where allegations or asserted
wrongdoing by a judge are
investigated and deemed wellfounded, a disciplinary process will
be able to recommend one of a
range of sanctions depending on
the nature of the breach of judicial
ethics involved. They include advice
or reprimand to the judge
concerned, a recommendation that
the judge follow a specific course of
action and/or undertake training, or
a recommendation in respect of
procedural or organisational
change.
The Bill also provides for lay
participation in a Judicial Conduct
Committee with responsiblility for
the consideration and investigation
of complaints, the preparation and
submission to the Board of the
Council of draft guidelines
concerning judicial conduct and
ethics, and the making of
regulations setting procedures
for the consideration and
investigation of complaints to
be laid before both Houses of
the Oireachtas.
The Judicial Studies Institute is to
be put on a statutory footing. The
Institute will, among other things,
be responsible for the preparation
and distribution of bench books,
publication of material, organisation
of conferences and meetings,
provision of training in relation to IT
and the dissemination of
information on sentencing.
Speaking on its publication,
Justice Minister Dermot Ahern
acknowledged that the proposals in
the Bill had been distilled through
much consultation. He noted that,
“it was the judiciary who took the
initiative in this area with the
publication of the Keane Report in
2000 and they remain fully
committed to the establishment of
the Judicial Council.”. The Minister
hopes that the Bill will help “ensure
continued public confidence in
judicial integrity. The participation of
lay persons will provide an open
and transparent means of
investigating complaints that
heretofore have had no means of
inquiry. The participation of all judges
will give the judiciary a sense of
ownership of the work of the Council
and will ensure the independence of
the judiciary is not compromised”.
“The Bill will help
ensure continued
public confidence
in judicial
integrity”
The Judicial Council will
promote:
excellence in the exercise by
judges of their judicial functions
high standard of conduct
among judges
the efficient and effective use
of judicial resources
continued education among
judges and
respect for the independence
of the judiciary.
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Página 15
news 15
On the Bench
The recent appointment of Justice Elena Kagan brings to three the number of woman on the US Supreme
Court. Following a summer recess when the idea of gender quotas amongst elected representatives was
debated in Ireland, Gerry Curran looks at the role of women jurists in several countries and examines how
Ireland fairs in relation to female representation on the Bench.
T
hat the courts should reflect society
and be responsive to its needs is a
well aired maxim – as judges
endeavour to act as a fulcrum of
balance between the citizen and the
State. That this was traditionally
undertaken in an all male environment
is fact, as is the increasing promotion to
the Bench of many women over the
past four decades.
Justice Elena Kagan brings to three
the number of US Supreme Court
Justices – a first for that country - and
only the fourth woman ever to be
elevated to that position. This is not
new or novel in Ireland where only a few
years ago we had the same number in
our Supreme Court. On more than one
occasion the Supreme Court sat with an
entirely female panel - namely Mrs.
Justice Denham, Mrs. Justice
McGuiness and Ms. Justice Macken, and
a female registrar, Ms. Maeve Kane – a
matter which went without comment in
the media at the time! Indeed, Ms.
Kane has recently been replaced as
Registrar of the Supreme Court by
another female, Ms. Geraldine Manners.
But how do we measure up in relation
to participation compared to other
nations, and is female participation, or
male involvement for that matter, of any
real significance?
Around the World
US Supreme Court member Justice
Ruth Bader Ginsburg (interviewed in the
past for Courts Service News) says that
women should never be the exception
and that, ‘women belong in all places
where decisions are made’. In the US
women make up fifty percent of law
graduates and nearly one third of all
lawyers. This is reflected in the thirteen
federal courts of appeal where of the 161
judges, 30% are female – almost
reflecting the active participation of
women in the legal profession. In the
district courts 29% of trial judges are
women – again largely reflective of
female involvement in the profession.
Thirty five of the 78 judicial nominees
made by President Obama to date and
51% of the nominees confirmed by the
Senate are women.
As of last year 26% of judges in New
Zealand were women, a fact highlighted
by the high profile appointment of
Dame Sian Elias as Chief High Court
Judge. Over the past twenty years more
women are studying and practising law,
with more women than men now
entering the profession. Given that most
judicial appointments in New Zealand
are made to lawyers with 15-20 years
experience it was expected that by now
there would be a fifty, fifty gender
balance amongst newly appointed
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Página 16
16 news
judges. This is not the case – with
judicial appointments for the last five
years only including 28.4% women suggesting a plateau effect of the
proportion of women judges appointed
as it is just above the 26% share of
serving female judges.
In the United Kingdom, 37% of
judges in the tribunal service are
women, yet women make up just 19.4%
of the judiciary in total. All of the ‘heads
of division’ – senior positions in the
judiciary which often lead to promotion
The position in Ireland
In early 1992 there were no women in
the Supreme Court or Circuit Court. Two
of the 18 High Court Judges (or 12.5%)
and four of the 50 District Court Judges
(or 8%) were female. By 2002 the
Supreme Court had two women and the
High Court had three women amongst
its then 28 members (or 11%). Eight of
31 Circuit Court judges (or 26%) and ten
of the 53 District Court judges (or 19%)
were female.
Justice Elena Kagan with President Obama in the Oval Office of the White House
to positions such as Master of the Rolls,
Lord Chief Justice and the Supreme
Court – are men. There are only three
women among the 37 members of the
Court of Appeal with Baroness Hale the
first and, as yet only, woman to sit in
Britain's Supreme Court.
David Lavery, CEO of the Northern
Ireland Courts and Tribunal Service,
speaking recently to the NI Assembly
Justice Committee, said “the plain fact is
that there are no women judges at the
highest level, either in the High Court or
the Court of Appeal; that clearly
represents a gap. Women are quite well
represented lower down the judicial
hierarchy e.g. about 30% of the 17
County Court judges and about 24% of
the 21 full-time judges in the
Magistrate’s Courts are female. Below
that, female representation is closer to
40% or 50%. If there is a glass ceiling, it
seems to be at the highest level”.
Today the Supreme Court is
unchanged with two female members
representing 25% of the court. In the
High Court five of the 36 members (or
14%) are female. In the Circuit Court it is
12 of 38 (or 32%) while in the District
Court it is 16 of 63 (or 26%). Uniquely for
Irish court jurisdictions the President of
the District Court is female, namely Her
Honour Judge Miriam Malone.
Does gender matter on
the Bench?
In appointing Justice Sandra Day
O’Connor as the first female judge of
the US Supreme Court President Bill
Clinton said the court should ‘look like
America’. Debate at the time was about
ensuring that the judiciary is broadly
reflective of society. Whilst courts
should never be representative of any
section, it was argued that, as a whole,
they should reflect the makeup of
society.
New Zealand barrister Jane Glover, a
correspondent with the NZ Lawyer
journal, argues in an August article titled
Women on the Bench, that in ensuring
equity of access to judicial positions for
females we are of course ensuring a
fairness to all individual candidates –
something we would expect in every
other job application process. If the
judicary are to perform their tasks with a
sense of equity and manifest fairness, it
can only be right that the process of
selection for the Bench is the same. Ms.
Glover argues that in countries where we
have 75% of the judiciary from one
gender, we are overlooking the creation
of a meritocracy reflective of society and
its gender makeup. She believes that in
advancing women through the ranks of
the judiciary we are at once creating role
models, bringing the full attributes of
experienced female lawyers to the
administration of justice and
challenging societal sterotypes of crusty
institutions and of women being
incapable of managing power roles. We
are creating an institution which reflects
not only the rest of society – but what
has become normal for it.
“More than once we had an Irish
Supreme Court with an entirely
female panel”
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Página 17
news 17
EU Websites provide wealth of
information on legal systems
The Council of the European Union continues to develop websites to better inform citizens
and others about the operation of legal systems across the EU. Three such sites contain a
wealth of information on a wide variety of legal subjects:
Visit the website at:
https://e-justice.europa.eu
European eJustice Portal
The latest EU information website, the European e-Justice portal,
provides practical information for European citizens on judicial systems and
procedures in their own language. The portal aims to increase visibility and
improve access to justice for European citizens. In particular, the portal
contains European and national information on victims’ rights in criminal
cases, rights to compensation, fundamental rights enjoyed by citizens in
each Member State, and fundamental principles relating to the citizen’s
ability to initiate proceedings before a court in another Member State. The
new website is part of the European Commission’s “Towards a European ejustice Strategy” adopted in May 2008.
European Judicial Network
This website provides information on topics including legal aid, divorce,
bankruptcy, service of documents and alternative dispute resolution
mechanisms. In addition to general information, there are details of the
EU’s achievements and plans in the particular area, relevant international
agreements and specific information on national law and procedures in
each of the participating Member States i.e. all except Denmark.
The European Judicial Network in civil and commercial matters was
established in 2001 by the European Union. The network aims to make it
easier to conduct cases with a cross-border dimension i.e.
Visit the website at:
where more than one EU Member State is involved and to
ex_en.htm
http://ec.europa.eu/civiljustice/ind
facilitate requests for cooperation between Member States e.g.
in the service of documents and taking of evidence.
European Judicial Atlas in Civil Matters
This website provides information relevant for judicial cooperation in civil
matters. You can easily identify the competent courts or authorities to which
you may apply for certain purposes (e.g. service of documents). There are
distinct sections on legal aid, serving documents, the European payment
procedure, Small Claims, taking evidence, recognising and enforcing
judgments and compensation to crime victims
You can fill in on-line the forms for some of these purposes,
Visit the website at:
change the language of the form once you have filled it in and
http://ec.europa.eu/justice_home/judicialatlascivil/
before printing it (so that the person receiving the form can read it
html/index_en.htm?countrySession=9&
in his own language), and transmit the forms electronically.
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Página 18
A look at the work
of a legal executive
18 news
While most of us are familiar with the work of solicitors and barristers we may not know a lot about
legal executives. Veronica Duffy, President of the Irish Institute of Legal Executives (IILEX), explains
what legal executives do and suggests that people consider this line of work as an alternative to the
other better known legal professions.
L
egal executives are legal
professionals in their own right and
are widely recognised and accepted in
the legal profession. They work in a
variety of the places including the
public service (e.g. Office of the
Attorney General and Office of the
Director of Public Prosecutions), local
authorities, financial institutions and
private practices. They can perform a
number of functions in the courts e.g.
they can make non-contentious
applications and challenge juries.
Courts both in the UK and in Ireland
have treated as ‘legal advice’ advice
given by experienced legal executives
in the course of their work. Legal
executives can also be appointed
Commissioners for Oaths by the
Supreme Court.
The Irish Institute of Legal
Executives (IILEX) promotes and
oversees legal executives in Ireland.
Established in 1987 the Institute has a
strict entry level and code of conduct.
It has 500 members, is governed by an
elected Council of Directors and
maintains the official Register of Irish
Legal Executives. Only those named
on this Register are entitled to
describe themselves as registered
legal executives.
Certificate and diploma courses in
Griffith College Dublin are the only
courses accredited by IILEX. They are
very practical with lectures accessible
on line. The courses are user friendly
for those juggling work and family
commitments.
Opportunities for legal executives
remain good despite the economic
climate. They include work related to
the National Asset Management
Agency (NAMA), litigation, and
judgments. Many legal executives
hold law degrees and diplomas but for
a variety of reasons (often
geographical or economic) choose not
to go into the solicitors or barristers
professions. However for those who do
intend to pursue that road the legal
executive route is a good foundation.
Applicants can avail of examination
exemptions relative to their standard
of education and experience.
Irish Institute of Legal Executives
For more information, including details
of how to become a member, contact
IILEX at their registered office at:
22/24 Lower Mount Street,
Dublin 2.
Tel.: 01-8904278.
Email: [email protected].
www.irishinstituteoflegalexecutives.com
Open for business in new Gorey Courthouse
Court sittings have restarted in the new courthouse in
Gorey (see page 5). The new facility is located in Gorey
Civic Square and forms part of a joint development by
the Courts Service, Wexford County Council and the
Health Service Executive. The Civic Square is a one stop
shop for those who need to avail of many local services.
It provides a library, Council offices, HSE facilities and
the courthouse (an investment of €4 million by the
Courts Service).
Internally the new facility at Gorey provides a modern
double height courtroom, consultation rooms, legal
practitioners room, prisoner holding facilities, public
waiting and viewing facilities and judicial and staff areas.
Gorey District Court routinely sits three times a month
and on numerous special (out of hours) sittings.
Courts Service Chief Executive Brendan Ryan
welcomed the completion and first use of the new court
venue. He said "the new courthouse is part of a €250
million investment in court buildings across the country
over the 11 years. It is a very suitable venue for the
administration of justice as it reflects the seriousness of
the business conducted there and the dignity of those
who seek redress from or who are asked to account for
themselves before the courts".
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Página 19
news 19
Historic manuscripts project at
King’s Inns
T
he Honorable Society of King’s Inns,
founded in 1541, is the body which
governs entry to the profession of
barrister-at-law in the Irish Republic. It
is the oldest institution of legal
education in Ireland. Its archive holds
records of students and barristers and of
the Society’s business dating back to the
early 17th century. Most of these
records have already been catalogued
and can be consulted, if open to the
public, at the King’s Inns Library. The
King’s Inns archive also holds a
collection of over 300 manuscripts, both
legal and non-legal, which was acquired
by the Inns over the years.
The recent award of a generous grant
to the King’s Inns by the Heritage
Council will enable its archivist, Ms.
Juliane Galle, to make a detailed list of
these 300 manuscripts and to carry out
conservation measures in order to
preserve them for the future. The aim of
the project, part-funded by the Heritage
Council and the King’s Inns, is to ensure
the safekeeping of the
manuscripts, physically and
intellectually, and to make them
available for researchers and historians
as well as legal professionals and the
general public.
The manuscripts, which date from the
early 17th century to the 20th century,
cover a wide range of subject matter.
The volumes contain, for example,
copies of decrees in the Irish Court of
Chancery (17th/18th century); a treatise
on the practice in the ecclesiastical
courts in Ireland (17th century ?); a
record of a parliament held at Dublin
1613-15; reports of Spring Assizes,
Tralee (1787); Justice, later Lord
Chancellor O’Hagan’s notes (18651881); a poem in memory of John, Lord
Molesworth of Swords (18th century); a
Collection of the Lives of the Catholic
Archbishops of Cashel (19th century)
and Dail Eireann papers (1919-21).
While many of the legal manuscripts
are primarily the domain of legal
historians, the documents can also have
considerable interest for social
historians, local historians and those
conducting genealogical research.
Ms. Galle will initially create a
computerized list for in-house use and
later it is planned that this list will be
made available to all on the King’s Inns
website. She will also clean, box and
label all documents and the
manuscripts themselves will be made
available to the public for the first time
early next year.
It is hoped that the project will both
preserve and make these unique
manuscripts accessible to all those
interested in exploring their varied
contents.
Up to date news on the project can be
found on the Society’s website:
www.kingsinns.ie.
President of the High Court visits Kilkenny Courthouse
As we go to print staff of Kilkenny Circuit & District
Court offices are ready to move into the magnificently
refurbished courthouse following several years in
temporary accommodation. The courthouse will be
officially opened by Mr. Dermot Ahern T.D., Minister for
Justice and Law Reform on Friday 15th October and
Courts Service News will be there to cover the event.
Pictured is Mr. Justice Nicholas Kearns, President of
the High Court (second from right) on a recent visit to
the courthouse where he met with staff of the Courts
Service and the OPW. From left to right; Paul Burns
and John Mahon, Infrastructure Services Directorate,
Mary Enright (Kilkenny County Registrar) and Gerard
Bourke (OPW Project Architect).
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Página 20
20 news
New Charter highlights rights and
entitlements of victims of crime
T
he Department of Justice and Law
Reform has recently published a
new Victims’ Charter and guide to the
criminal justice system. The new
charter describes the system from a
crime victim’s point of view and sets
out rights and entitlements to the
services given by the various State
agencies working with crime victims
(which includes the Courts Service
Victims Charter).
At the launch of the new Charter,
Minister Dermot Ahern announced
that there will be an amendment to
the Criminal Procedures Bill 2009
regarding victim impact statements.
Crimes which come under the NonFatal Offences Against the Person Act
1997 are to be included. Among the
crimes in this Act are coercion,
harassment, demands for payment of
debt causing alarm, endangerment,
endangering traffic, false
imprisonment and abduction of a
child by a parent or by other persons.
The original bill included violent
crimes and sexual violence or threat of
such offences. Mr. Ahern said the Act
“does contain a small number of
offences which are not violent but
emotional such as the abduction of
children”. The change came about as a
result of a Seanad hearing on the Bill.
Provision is also made to allow a
child or person suffering with a
mental disorder or other vulnerable
victim to make a statement to the
court through a television link.
The Bill provides for the court, in
the interests of justice, to prohibit the
broadcast or publication of either all
or part of the victim impact statement.
Breach of such an order is an offence
punishable by a maximum fine of
€5000 and/or up to 12 months
imprisonment on summary conviction
or by a maximum fine of €50,000
and/or up to 3 years imprisonment
following conviction on indictment.
Copies of the new Victims’ Charter
are available on www.victimsofcrime
office.ie or by contacting the
Courts Service Information Office on
01 888 6459.
Getting to know Cork courthouse
F
or the third year Cork courthouse was opened to the public
on a Saturday in August as part of National Heritage Week.
Staff of Cork Circuit Court, Dave Power and Marie Mackey, acted
as tour guides for the approximately 400 visitors who showed up
to admire the architecturally acclaimed building and learn about
what goes on there. Dave and Marie were ably assisted by Richie
O’Connor and Don Henley.
Chief Clerk Mary Crowley, tells us that the day was a great
success. “We received really positive feedback from all
the visitors”.
Organised by the Heritage Council, National Heritage
Week is part of an EU initiative to build awareness and
education about our heritage thereby encouraging its
conservation and preservation. Each year many
national and hundreds of local community
organisations participate by organising events
throughout the country, many of them free.
Heritage Day Cork
A packed courtroom in Cork
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Página 21
news 21
F
Young advocates invited to court again
ollowing the successful inaugural event McCann
Fitzgerald solicitors have announced the second year of
the all-Ireland business law competition ‘The Advocate’.
The competition which aims to promote the articulation of
legal responses to a series of business issues faced by the
corporate community will be supported again by the Courts
Service and the Northern Ireland Courts and Tribunal Service.
It is open to all third level law and business/law students on
the island of Ireland. Entrants will be given a case study and
asked to submit a YouTube video overview of their argument.
Heats of the competition will be held in courtrooms in Dublin,
Belfast, Cork, Galway and Limerick in November with a grand
final to be held in the Four Courts in March 2011.
Last year’s winners, Ian Boyle Harper and Andrew McElwee
of University College Dublin carried off the top prize of
€2,000. The total prize fund this year is €3,500 with the
overall winners to be offered places on McCann FitzGerald’s
2011 Summer internship programme.
Details of the competition are available on
www.mccannfitzgerald.ie
American law students
h McCann with John Cronin
Students Chris o’Connor and Maeb
the launch of ‘The Advocate’
Chairman of McCann FitzGerald at
learn about the Irish way
D
uring the months of June and
July, thirteen law students from
Fordham University in the State of
New York visited the Courts Service to
work as unpaid externs with Supreme
and High Court judges. After a
preliminary induction session and
some guidance on the Courts Service
research facilities, the students were
assigned to judges dealing with cases
including Supreme Court appeals,
the Central Criminal Court,
extradition, judicial review and the
Commercial List.
Before they left us at the end of July,
we asked the students for their
impressions of the programme, whether
there were any aspects of it they would
like to change, and what they enjoyed
most about their visit.
All the students described the
programme as a great way for them to
learn about Irish law and also about EU
law which impacts so extensively
nowadays on the Irish courts, especially
in areas such as human rights. They
found that the judges they worked with
were helpful and welcoming. They were
very pleased with the help offered by the
judicial researchers, and by the Courts
Service staff who interacted with them,
Mr. Justice Nicholas Kearns, President
of the High Court with the students
from registrars to tipstaffs. Students
who accompanied judges to court were
fascinated with the perspective this gave
them, and those who were asked to
assist in the compilation of preliminary
draft judgments gained an invaluable
opportunity to practise and perfect their
writing skills.
The only change the students would
have liked was for a more consistent
experience, but they accepted that
because of the range of work their
judges were doing, some inevitably had
more opportunity than others to practise
and improve their writing. Indeed they
got an important lesson in the range and
variety of a judge’s work.
The best aspect of the programme for
from Fordham University
the students was the
opportunity to work so closely with
judges of the Supreme and High Courts,
and to see at first hand, from the judicial
perspective, how a case unfolds and is
decided. They also benefited from the
help of the judicial researchers who
guided them and shared their
accommodation in Áras Uí Dhálaigh.
Sharing office accommodation also gave
the students the opportunity to develop
friendships and camaraderie among
themselves during their stay. The
students assigned to the Central
Criminal Court and the extradition list
were based in the CCJ, and were suitably
impressed with the court rooms and the
office facilities there.
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Página 22
22 news
Opening of Legal Year
Judge Anthony J. Halpin, Mr Justice Nial Fennelly, Ms Moya Quinlan, former President of
the Law Society, Mr Justice Adrian Hardiman, Mr Justice Micheal Peart and Brendan Ryan
Judge James Paul McDonnell enjoying the sunshine outside the legal
year service in St Michans with RTE broadcaster Brian Dobson and
members of an Garda Síochána.
Chief Justice, John L. Murray and the Most Reverend
Dr. Diarmuid Martin D.D.
ctor Ms Helen Roycroft and
pital with their Musical Dire
ng the service to mark the
The Choir of the King's Hos
owi
foll
rt,
of the Supreme Cou
Mrs Justice Susan Denham
eet
rch Str Dublin.
year in St Michan's, Chu
opening of the new legal
Judge McGuinness is
I
2010
t was just reward for her pioneering,
courageous and long-standing service to
Irish society that Mrs. Justice Catherine
McGuinness should be named among the
People of the Year 2010. She received her
award from veteran RTE personality Gay
Byrne at a ceremony in Citywest Hotel in
Dublin in September.
a Person of the Year
Judge McGuinness was the first woman
appointed as a judge of the Circuit Court in
1993. She was also the first member of the
judiciary to be a specialist in family law.
She was appointed to the High Court in
1996 and to the Supreme Court in 2000.
She was appointed President of the Law
Reform Commission when she retired
from the Supreme Court in 2006.
Judge Catherine McGuinness with the Award
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Página 23
appointments 23
Ve ro n i c a M u r p h y takes over as Chief Clerk in Tullamore
After 29 years in the Circuit Court Office in Naas, Veronica Murphy moved to the District
Court in Dublin. She has recently moved again this time to the Circuit Court in Tullamore.
Change can be difficult at any time but it must be more difficult after many years spent in
a particular office. Veronica shared some thoughts on the matter with us:
O
f course I was anxious about the
move. After 29 years in Naas I was
leaving colleagues I had worked with for a
long time, some for over 25 years. And I
was moving from the Circuit Court to the
District Court – leaving work I was very
familiar with to deal with completely
different work. “It will be strange” I
thought, “to be the new girl in the office
after all these years”!.
But it was a promotion and I knew that if I
didn’t take it, I might not get another
chance. I was heading for the Custody
Office in Chancery Street, Dublin and I
knew my new boss from time she had
spent in Naas. Even knowing one person
in my new office made a big difference.
My new colleagues were very helpful and
tolerant and after a few weeks I felt like I
had been there a long time.
Six months later we all moved to the new
Criminal Courts of Justice. It was exciting to
be part of the first office to move into that
historic building. We spent weeks getting
everything ready for the relocation. We left
Chancery Street one Friday and were ready
for court in our new lodgings on the
following Monday. Some weeks later we
were joined by colleagues from the Circuit
and High Courts and suddenly I was part of a
much bigger group of staff than ever before.
More change, but interesting, and great to
meet people I would never had met had I not
taken my chance the previous year.
Just a few months later I was able to take
advantage of a further promotional
opportunity and I was on the move again.
This time I was headed to Tullamore and
back to the Circuit Court where I am now the
Chief Clerk.
I would encourage others not to be afraid
of the unknown. One thing I have learned
is that change can be and often is a good
thing. Staff in other offices – especially
ones that are short staffed – are delighted
to welcome new comers.
My move was a big challenge but it has
broadened my outlook and I was very
happy to learn something new. When I
moved to Dublin I expected to finish my
career there. As it turned out, if I hadn’t
taken that first promotion and made the
move from Naas, I wouldn’t have been
eligible to apply for the next one.
It gave me a whole new lease of ‘Courts
Service’ life!
MR. JUSTICE LIAM MCKECHNIE has been appointed a judge of the Supreme Court.
Educated at Presentation Brothers College, Cork, Judge McKechnie attended
UCC graduating with a BCL (Hons) Degree. He was called to the Bar in 1972 and to
the Inner Bar in 1987. He was appointed a judge of the High Court in October 2000.
In the past Judge McKechnie has served as a member of the Courts Service
Board and as a member of the Commission on the Private Rented Residential
Sector.
Judge McKechnie is pictured with his granddaughter Ava and grandson Ryan on
the day of his appointment to the Supreme Court.
HILDA MCDERMOTT has moved from
the Courts Accounts Office to the
Richmond Courts Complex (DMD). Her
new responsibilities will include the
Drugs Court, the Summons Courts,
Blanchardstown and Tallaght Courts,
Computer Summons Section and the
Children’s Court.
JEANNETTE TROY has moved from the
Criminal Courts of Justice to the
Resource Management Directorate in
Phoenix House. Her new responsibilities
will include the Courts Accounts Office.
KEVIN FIDGEON has moved from
the Dublin Circuit Civil office to the
Criminal Courts of Justice.
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Página 24
24 retirements
Retirements
Judge John Neilan retires
“I
came in quietly and I’ll go quietly”, were the parting
words of Judge John Neilan as he retired from the
District Court recently after 28 years on the Bench.
A native of Roscommon, John Neilan was appointed to
the Bench in 1982 at the age of 38. He served in Dublin
and in many other parts of the country most recently in
Mullingar. The judge gave instructions that he did not want
to hear tributes but asked Chief Clerk Margaret O'Rafferty
to pass on the message that he had enjoyed his time on the
Bench and his time in Mullingar.
With no advance notice and taking all present by surprise,
Ms O'Rafferty announced at the end of the list that the
judge had heard his last case. And with that he left the
court smiling.
We wish him well in his retirement.
Saying farewell to Tommy Barnes
I
t was fitting that his retirement presentation took place in welcome for everyone. “He was a great help to me when I
the Round Hall of the Four Courts because for many
was Administration Manager in the Four Courts because of
years Tommy Barnes was the first person you met when you
his ‘can do’ attitude and his
entered that great rotunda.
constant willingness to help
Chief Justice Mr. Justice
out. It is a great loss to all
John L. Murray, President of
court users that Tommy is
the High Court Mr. Justice
not around any more”.
Nicholas Kearns, and Courts
Tommy thanked all his
Service Chief Executive
colleagues especially those
Brendan Ryan were among a
who have worked (and
large number of colleagues
continue to work) on the
and friends who gathered to
Information Desk off the
wish Tommy and his family
Round Hall and the staff of
well. Tommy joined the
the Supreme Court office.
courts in 1987 following a
“I’ve had 23 happy years in
colourful career in the army.
the Four Courts” he said as
The
and
line
Caro
hter
After six hears with Mr.
he headed off to pursue a
and daug
Tommy Barnes with his wife Patsy,
ay at his retirement function
Justice Hederman he joined
life filled with ‘flowers,
Chief Justice Mr. Justice John L. Murr
the Supreme Court office
funerals and fishing’.
before being appointed Hall
Porter in 2000, a position in which he excelled.
We wish Tommy and his family all the very best for
“Tommy is a fine person and a gentleman”, said Brendan
the future.
Ryan reminding all of Tommy’s jovial manner and friendly
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retirements 25
Gerard Fagan takes his leave
T
he High Court Central Office was the venue for a function
to mark the early retirement of Registrar Gerard Fagan
recently. Among the many well wishers were Mr. Justice
Henry Abbott and Director of Operations for the Supreme &
High Courts Nuala McLoughlin. Judge Abbott told Gerard’s
family, colleagues, legal executives and others present that
they were there to celebrate a great public official who was
always helpful to everyone. “He was particularly helpful to
personal litigants and of great assistance to me when I was
first appointed to the Bench. I owe him a great debt of
gratitude for all his help”.
No event for Gerard would be complete without mention of
his great love of singing and especially of opera. “We say
goodbye to an old colleague who would burst into song at
the drop of a hat”, said High Court Principal Registrar Kevin
O’Neill pointing out that Gerard’s love of music was
infectious. He also noted how Gerard was always willing to
help out at busy times in the Central Office. “Even when he
became a registrar he would come back and give a hand”.
Kevin reminded all that Gerard also played an important role
in the introduction of lunch for those serving on civil juries in
the High Court.
For his part Gerard thanked everyone he worked with over
the years especially his colleagues in the Central Office and
promised to keep in touch.
We wish him well for the years ahead.
Gerard Fagan (centre) with his twin broth
ers, Brendan and Kevin, his
sister Mary (second from right) and his
sisters-in-law
E
Eileen Morris retires
ileen Morris began her career with the Department of
Agriculture and came to the Circuit Court in
Roscommon as a clerical officer in December 1986. In July
2001 she was upgraded to executive officer.
At a lunch to mark her retirement from the Circuit Court
after 23 years, County Registrar William Lyster paid tribute
to Eileen for the very high standard of her work. He
commented that her work would be easily recognizable for
years to come because of her beautiful handwriting.
Colleagues from the Circuit Court and District Court were
joined by Courts Service Midland Regional Manager, Barry
Conroy. Barry thanked Eileen for her dedication and the
service she has given over the years and extended the best
wishes of all in the Midland Regional Office.
Eileen intends to begin her retirement with a trip to
Lourdes. We wish her a long and happy retirement and
extend every good wish to her for the future.
Back row: Sandra Bracken Roscommon District Court, William Lyster County
Registrar, Olivia Bushell Roscommon Circuit Court and Mairead Conway,
Roscommon District Court
Seated: Ita Scanlon District Court Chief Clerk, Martina Carlos, Roscommon District Court, Eileen Morris, Mary Rafferty Roscommon Circuit Court Chief Clerk
and Kathleen Groarke Roscommon Circuit Court
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Página 26
26 obituaries
REMEMBERING...
O
Louise McDonough
n 21st July, 2010 Louise McDonough, our former
County Registrar and friend passed to her eternal
resting place but her indominatable spirit lives on. This is
the spirit that dared her enter the bastion of male preserve
when appointed County Registrar
in 1976, an office she graced with
dedication and distinction
through the years until her
retirement in 2006. She was a
devoted wife, mother,
grandmother and great
grandmother but she also loved
her job and took great pride in
her work. She instilled that pride
in us, her staff. To us she was a
“hands-on” no nonsense lady.
We grew and developed with her
over the years. We respected and
admired her, both for her legal
expertise and her kind and
compassionate nature. She was
our boss, our mentor but above
all she was our friend. Her door
was always open to us if we had a problem, be it
professional or personal. She gave her advice willingly
and with candour. She was with us through good times
and bad.
Louise embraced many changes, be they technical or
procedural, which have taken place in the courts through
the years. She recognised the way in which court work was
done was archaic and cumbersome and had not changed
very much since the foundation of the State. She
understood the way forward was through IT. She was
computer literate long before “IT” became Court policy.
She had a vast knowledge of the law coupled with a
common sense approach. She had respect for the dignity
of the human person. Her advice was sought, and listened
to, by the legal profession, and also by her colleagues
throughout the country. The introduction of the Court and
Court Officers Act, in which County Registrars were given
extra powers, gave her a stage to further display those
legal talents.
She was an authority on the PR electoral system. She
lectured both at home and abroad on PR system. In 1994,
with a small group of others, she conducted the first free
elections in Malawi , a country which had up to then been a
dictatorship. Those elections were a success.
Her legal and personal talents were eloquently
exemplified by the moving tributes paid to her at Tralee
Circuit Court by Judge Carroll Moran and many other
speakers on the occasion of her death
She was predeceased by her
beloved husband, Billy just two
short years previously.
She shall be sadly missed by
everyone who knew her,
especially by her children, Louis,
Des, Sandra and Greg, her brother
Michael and her sisters Pat and
Jackie.
Go dtuga Dia suimhneas
siorí di.
Her advice was sought, and
listened to, by the legal
profession, and also by her
colleagues throughout the
country.
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obituaries 27
REMEMBERING...
Gerry Gleeson
G
erry Gleeson began his career in the Civil Service in
2001. When he joined the Courts Service he was
assigned to the Fines Office in Áras Uí Dhálaigh which later
became the Courts Accounts Office. For the last number
of years Gerry worked on the public counter where he
enjoyed a good rapport with customers visiting the Fines
and Stamp Office areas. He was very helpful and at times
would go out of his way to assist customers.
Gerry loved to travel visiting unusual places that many of us
have never been to. He always sent us a postcard and told
many stories of his travels on his return. The postcards are
still displayed in the office, with pictures from India, Tibet,
Norway, Finland, Budapest and Bulgaria to name but a few.
Gerry also enjoyed watching many sports, including football,
hurling, rugby and golf. He would discuss the various
E
Premiership and Champions League matches on the morning
after the big fixtures. He followed the progress of the Irish
International team and even managed to get to some of the
away fixtures. In fact, only last November I bumped into him
outside the Stade de France in Paris as we all trudged back to
the buses for the airport, none too happy after Thierry Henry’s
infamous match winner. Gerry participated in the many hours
of debate which were generated by that incident.
His sudden parting in July has left a void in the office that is
hard to fill. He is sadly missed by his colleagues and by our
regular customers. Gerry is survived by his Dad, his brother
and sister, his nieces and nephews and his extended family.
Hilda Mc Dermott.
Stephen’s Green Day
ntering the gates not far from the top of my happiest thoughts
I saw a cotton wool cloud relaxing on the roof of a sunny Stephen’s Green day.
And moving on I gladly allowed myself partake in
that balmy rainbow-scented Summer.
Soft sounding leaf heavy elegant trees
waving in an orchestra of movement persuading me on.
Their restless air caressing past, gently brushing me along.
First soft then swift, then easy rushing rustling rounded rafts
of breezes pushing pulling taking of my breath and
reaching into my soul so sweetly.
Neatly planted floral profusion’s in well-attended beds.
Strips of barbered lawn, round Victorian fountains of stone
spraying high to catch the lunchtime bustle.
Citizens of this warm day crossing the bridge,
glancing the water-reflected soul of the place.
Pretty girls in Summer feathers pass the pond
where birds splash for bread, floating on the liquid of my Memories.
Scabby kneed boys in sixties short trousers bend skinny bamboo poles
against the water as pinkeens dart away.
Gardeners with authority straining from their footsteps patrol the margins with stout
blackthorn sticks while young fisher folk flee before them,
their string tied milk bottles splashing.
Full to overflowing with warm thoughts
I close my eyes in the Green sunshine and remember different days
sitting on cardigans spread on the grass.
No tears of sorrow dare approach these happy thoughts,
but sometimes my eyes fill with the delight; and that’s OK.
David Crinion
retired recently after
several years in the
Courts Service
Information Office
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28 social
E a t i n g i n l e g a l q u a r t e r W
hat will I have for lunch? That
eternal and often last minute
question... There are many places to
eat in Dublin city but when in town on
legal business why not go somewhere
that is right on your doorstep and offers
value for money. There are dozens of
café / restaurants open for breakfast and
lunch in the Legal Quarter, especially in the
area around the new Criminal Courts of Justice
(CCJ) and in Smithfield Square. Many do specials
and four are located in court buildings.
With a lot of us spending more time in the CCJ, why not visit
Campbell’s cafe on the 2nd floor for a cup of coffee or a bite to
eat. Campbell’s also offer hot food, salads and sandwiches in the
Four Courts basement. The Law Society’s tea rooms are also in
November Mass O
of Remembrance
the Four Courts in the offices of the
Society.
Courts Service staff are welcome
to join members of the legal
profession in The Law Society in
Blackhall Place from 8 a.m. to 2.30
p.m. Lunch options include a deli bar for sandwiches, wraps and
paninis, homemade salads, soup and hot main courses. For
those of you brave enough there is outdoor seating. Enter via
the archway at the Education Centre or phone Aidan-Catering
Manager on 6724922 for more details.
For those of you in Smithfield, Premier Dining is located on
the 1st Floor in the Courts Service building, Phoenix House. It
offers cooked breakfasts, cereals and pastries and for lunch you
can choose from soups, hot meals with a vegetarian option,
desserts, a full deli bar, and daily sandwich specials.
ur Annual Mass to remember deceased members
of staff, members of the judiciary and family
members of staff and judiciary will be held in
November. Serving staff and serving members of the
judiciary will be notified in due course and written
invitations will issue to all retired staff.
Lots of action as Green Street takes centre stage
G
reen Street courthouse provided
a wonderful setting for Zyber
Theatre of Tralee’s performance of
Richard D.F. Johnson’s play ‘The
Evidence I Shall Give’ recently. Set in a
District Court in rural Ireland in the
1960’s the play highlights the social,
economic, legal and cultural life of
rural Ireland as witnessed by the author
during his time as a judge. He used his
play to bring to light injustices and
conditions in reformatories and
industrial schools.
Richard D.F. Johnson was born in
1895, became a solicitor in 1918 and
was appointed a District Justice in
1922. During the troubled times of
those years he opened the courts of
the new Free State in Donegal,
Wexford and West Cork. He arrived
in Kerry towards the end of
December 1922 and remained there
until his retirement in 1965. He
died in 1975. His son, Richard,
continued the family legal tradition
becoming a barrister and a judge.
He recently retired as President of
the High Court and was part of the
large attendance in Green Street.
Also enjoying the play were High Court
judges Mary Laffoy and Paul Carney,
District Court judges William Hamill,
Elizabeth McGrath and Heather Perrin,
County Registrar Elizabeth Sharkey and
Courts Service officials Olive Caulfield,
Ann Ross, Marie O’Carroll and Elisha
D’Arcy. “We felt we were in any District
Court whether forty or fifty years ago or
today”, the Courts Service officials
commented. “Judge Johnson certainly
had an insight into life and was way
ahead of his time”.
1_ Olive Caulfield,
Human Resources
and Judge William
Hamill
2_ Monica Howley,
Carmel Ormond, Aer
Lingus with Elisha
D'Arcy and Marie O'Carroll, Courts Service.
3
1
2
3_ Members of the
cast of 'The Evidence I
shall Give'
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holiday review 29
Take a break to:
Madrid
With lots to see and do, Gerry Curran highly recommends a
visit to the capital of Spain even at the height of the summer:
& Toledo
D
on’t kid yourself that you can see Madrid in a weekend, or
even a long one. Spoil yourself instead and take a week.
It is a vast city, whose surrounds are as interesting as its very
big and loveable heart. It is a metropolis with meaning, a beast
with a gentle soul and real rhythm, and it is a theatre of the arts
- living and historical.
Take a bus trip to acquaint yourself with the city - open air
and with an English speaking guide – it establishes all the
main points in the centre and showcases the great fountains
and memorials they do so well.
From the Prado Museum – where you can feast on Goya, El
Greco, Velasquez and others – to the Stadio Barnabeau where
you can cheer on or jeer Ronaldo et al this city lays it on thick in
the entertainment department. I never thought I could sit
through one and a half hours of Flamenco dancing and not
find it touristy. The Andaluscian styled show in the restaurant
Florida Park, in one corner of the central Parque del Retiro is a
Riverdance style music, singing and dancing showcase. It is as
good as it gets in terms of presenting traditional arts to visitors.
Royal palaces and churches compete with the
commercialism of the Gran Via (great bargains in all the chains
especially TK Maxx) and the urbane delights of the off main
street, alternative living districts and centres around the Sol
area– all tastes catered for I’m told. Walkways, family theatre
and local bars and cafes thrive with the parallel edgy streets of
hawkers, rock bars and in your face exhibitionism.
The royal palace is well worth a visit. Take a walk to its side
through the Parque del Campo del Moro across from the main
transport hub of the Principe Pio. Throughout the city you can
sense a genuine affection for today’s head of State, whom locals
refer to by his first name – Juan Carlos – as if he were a brother.
A day trip to the hilltop retreat and virtual fortress of Toledo
– the former capital – is a must. Not only is it architecturally
significant, with a library and military museum dominating the
skyline in the former palace of Phillip III, but it reflects the
great battles and eventual accommodation reached between
Christianity, Judaism and Islam. The cathedral is awe inspiring,
in size and execution. Its sacristy is now a gallery of
renaissance paintings – second to none in such a small space –
and ahead of many with much more pretensions. Arrange a
bus guided tour or you will miss this centre of beauty. The
nearby church exhibiting the El Greco masterpiece ‘the Burial
of the Count of Orgaz’ is a must see and a talk through the
intricacies and hidden secrets of the painting and the miracle it
portrays is worth the cost of a guide in itself.
Visiting Madrid in August has the advantage of the city being
half empty as workers take the month off to head to the
beaches hundreds of kilometres away. The disadvantage is it is
very hot, limiting outdoor activity to morning and evening.
Head indoors to the exhibitions, galleries or shops in the heat
of the midday and afternoon sun. They do air conditioning very
well here too. There really is something for everyone.
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30 book review
M
ost readers of a certain vintage will remember Carol
Drinkwater as Helen Herriot, wife of the vet in the TV
series All Creatures Great and Small. Shortly after filming
the last series of the popular TV show, Carol’s life changed.
While working in Australia she met and fell in love with a TV
producer Michél and with equal speed they both fell in love
with an abandoned olive farm in the Provencal region
of France.
In the Olive Tree trilogy Carol chronicles her life from the
tentative steps in bringing the olive farm back to life,
battling convoluted French bureaucracy and trying to juggle
their respective careers and dwindling finances to producing
their own organic olive oil. The olive farm is called
‘Appasionata’ and there is a lot of passion in the books, not
in the bodice-ripping, lustful sense of the word but in terms
of how Carol immerses herself in the culture of the region
and her determination to learn how to cultivate the farm,
maintain the crops organically and preserve the traditions of
the region and the Provencal language.
Carol describes the farm, its vegetation, the wildlife and
the environs of that beautiful corner of the Mediterranean
coast through colours, smells and sounds. Sometimes the
descriptions are a bit long-winded but you forgive her this
when you come to realise how exciting and fulfilling it is for
her to be living her dream. In many interesting asides to the
narrative Carol informs the reader about the culture and
history of the region and in particular the story of the olive
tree from ancient times to the present.
Intertwined with the story of the farm’s revival are some
very moving and humorous accounts Carol and Michéls
personal lives and their relationship. We also get to meet
some very colourful local characters who provide Carol with
much needed advice and physical assistance with the farm
and the crops. The books are not unputdownable-pageturners but slowly your amazement at her naiveté becomes
admiration for her irrepressible spirit and passion for what
she is doing.
You can visit Carol’s website at www.caroldrinkwater.com
where you can read about subsequent books she has written
about the farm and how you can help with her work in
preserving the world’s bee population.
‘THE OLIVE FARM’
‘THE OLIVE SEASON’
‘THE OLIVE HARVEST’
by Carol Drinkwater
Orion Books Ltd.
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Página 31
Qui z Time
??
competition 31
Something a little bit different for this
issue. When you have answered each
of the questions below, take the first
letter of each answer and spell out the
name of a popular TV character. When
you’re sending in your entries include
the answers to the questions as well as
the name of the TV character.
Entries should be emailed to
[email protected] or send hard copies by
post to Fíona Farrell; Information Office, 6th Floor
Phoenix House, Smithfield, Dublin 7.
Closing date for receipt of entries is
Friday 19th November 2010.
1. In a rainbow this colour comes between blue
and violet.
2. Cashew, Brazil and Almonds are all types of what?
3. A small white cone with feathers stuck in one end,
used in sport.
4. A stamp collector.
5. Another word for aubergine.
6. Capital of Tutankamun’s country
7. Dinosaur rock group?
8. A semi precious black stone
Answers to the July Quiz:
1.
2.
3.
4.
Lithuania
Hare
Verdi
Badger
5.
6.
7.
8.
9. Among his paintings are ‘Massacre of the
Innocents’ and ‘Venus Before the Mirror’
10. Orange bedding flowers or rubber gloves?
11. Orphan in Charles Dickens novel
12. Fictional barrister created by John Mortimer
13. Dulse, Gut Weed and Egg Wrack are all types
of what?
14. 14. Oscar-winning composer behind the scores
of films such as 'The Good, The Bad and the Ugly'
and 'The Untouchables'
Congratulations to...
Venison
Hermes
Rice
Dick Turpin
Willie Maher ,
Accountant's Office
who won the July quiz
pictured being
presented with his
prize by Mairéad
Fitzsimons,
Information Office