The Gazette 1974

SOCIETY'S REPORT ON COURT ORGANISATION by W. A. OSBORNE (Vice-President)

Part 1

non-existence of a sufficient number of suitable Court- houses. Failure to appoint Judges and lack of suitable Court- houses The failure to appoint sufficient Judges to service the Dublin Circuit Courts resulted in very substantial arrears accumulating which caused frustration, not only to practitioners, but more particularly to the members of the public. The additional cost involved in the appointment of an adequate number of Judges was far less than the loss incurred by the public generally. The lack of suitable Courthouse accommodation has in many instances arisen through the sheer neglect and irresponsibility of some Local Authorities, who have failed completely to carry out their statutory duties and obligations by omitting and in some cases, absolutely refusing to repair, maintain, or where necessary, to provide suitable premises for use as Courthouses. There are many Courthouses through the country which would now be suitable if the minimum expenditure necessary over the years was made available to keep the buildings in reasonable repair and condition and to improve buildings where necessary. It is a sad reflection on the Local Authorities in question to find that many Court- houses of fine architectural design and value are dilapi- dated and eyesores. Even at this late stage, a reasonable expenditure over the next few years would reinstate many suitable buildings which are presently available and would thereby provide the premises required. Suit- able Courthouses, of which there are still many, reason- ably and properly maintained with an adequate number of Judges and Justices to serve them, would solve any major faults which may have been found in the existing system and would achieve the objectives named, without the necessity of having to implement any fundamental change in the present system. The cost of providing a sufficient number of Judges and Courthouses, in the view of the Society, would be far less than the value of the time which would be wasted and the additional expense which would be incurred, by members of the public (either in their capacity as jurors or witnesses), by the gardai, by professional witnesses, by accused persons, by county registrars and their staff and by all other persons involved in the legal system, if the recom- mendations in relation to the Circuit Criminal Court were implemented. From every point of view, it would be far better to have an idle Judge or Justice, rather than idle witnesses who are largely obliged to shoulder the financial loss which they incur through their imposed idleness, themselves. Many of the recommendations of a fundamental nature, if implemented, would increase the financial burden and loss and expense of the parties mentioned. This general conclusion has been arrived at on the basis of the comment hereunder made, which comment is related to the specific matters and recom- mendations of the Committee, namely : 100

The Twelfth Interim Report of the Committee on Bourt Practice and Procedure relating to Court re- organisation has been considered by the Incorporated Eaw Society, and the views of Bar Associations through- the country on the recommendations of the Com- toittee have been very fully discussed and considered. It has been noted that the Committee approached consideration of the terms of reference with the follow- ln g objectives in mind, viz. : ( a ) The convenience of the public; ( b ) The efficient dispatch of business; ( c ) The volume of work and availability of legal prac- titioners in any given centre; Economy and the public interest. ^ The Society, while it accepts that the Committee's a s i c approach was correct, takes the view that the only ^-organisation which should be implemented, is re- ° r ganisation which will achieve the objectives named a n d in a balanced fashion. To achieve any one of the Named objectives in isolation would not justify change r om the present system which has not been found to be e lective in any major facet. Ma a n y recommendations fail to show objectives I* will be appreciated that in specific areas of the tountry, specific considerations arise in relation to some the recommended changes, both in the District and ^Mcuit Courts, with particular reference to the Circuit ri minal Court. Appended are comments from Bar ^ssociations which deal with local implications arising the recommended abolition of named District °Urts, named Circuit Courts and in particular, to the ggested reduction in the number of venues of the Vj ln gs of the Circuit Criminal Court, and the inevit- i n P r °blems which will arise if the recommendations this respect are implemented. These reports show ar ly and in a practical fashion how many of the commendations fail to achieve the objectives named. n e reports are based on the particular experience of p e t i t i o n e rs who are involved in the every-day work e toe Courts in question in their specific areas. In the d'ff; erience o u r P r oI ess ion, no inherent problem or Mculty has manifested itself in the system as it now Perates. It has operated for many years without any D UFR c «mplaint from practitioners, nor from the " NC generally. The system has ensured an efficient ?Patch of business in an economic fashion (consid- j ! n g the economic problems which are involved in legation) and in particular, has operated to the satis- ctiori of the public, save and except and only when °rk has been in arrears, not through the fault of the p e m , but as is generally known, through the non- tQ A b i l i t y of a sufficient number of Judges or Justices deal with cases and in a lesser way, through the