The Gazette 1991

GAZETTE

OCTOBER 1991

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In this Issue

I I L LAW SOCIETY hH/r I Ir ofm I t a h n I I b a Vol . 85 No, 8October, 199 Viewpoint Why Not Solicitor Judges? / 1 / L I

M u l t i - n a t i o n al P r a c t i c es the Need for Safeguards

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3 1 0

My Love A f f a ir w i t h J o y ce

3 03

The Society has been pressing for many years for a change in the law so as to permit the appointment of solicitors as judges in the Circuit and High Court. In his speech at a recent pre- sentation of parchments to newly- admitted solicitors, the President of the High Court advanced an argument, which has been offered previously on behalf of the Bar, to the effect that until such time as solicitors exercise their rights of audience in the higher courts and practised regularly as advocates they should not be appointed as judges in the higher courts. The presentation of this argument on behalf of the Bar and by the President may itself be a fine example of the skill of the advocate. A proposition is advanced to which there appears to be no ready answer yet which on more critical examination may be seen to be not as sustainable as it appears. The qualities expected of a judge are not necessarily those expected of an advocate. Patience, courtesy, a reasonable knowledge of the law (which in our system will be sup- plemented by assistance from the skilled advocates appearing before him/her), an ability to marshal facts and assess arguments critically and to judge the likely veracity of wit- nesses and the value of their evi- dence, are the qualities that would be expected of a good judge. While a judge will be required in his judgment to set out in a logical manner his assessment of the case put before him and to apply the law to that case, it is not required of him

that he be spectacularly persuasive in his judgement whether oral or written. It is his judgement that counts not his style. Familiarity with the rules of evi- dence of the Superior Courts and their application in those courts is a further qualification which judges require. This knowledge is not vested only in those who practise as advocates in the higher courts. In truth of course, solicitors who practise in higher courts must be at least familiar with these matters. The suggestion that solicitors are not capable of acting as judges in the higher courts, completely overlooks the fact that solicitors are already acting as "quasi judges" in arbitrations both national and international in which very signi- ficant issues of law and fact are dealt with. In many cases the amounts involved are six or even seven figure sums of money. We have commented before that our system of judicial appointment is flawed in that at all levels persons are appointed to be judges without any initial training or any attempt to assess their qualities as judges. Developments in the US and the UK in judicial training seem to have gone unnoticed in our jurisdiction. The English system whereby practi- tioners, both barristers and soli- citors, are appointed as recorders on a part-time basis so that their suitability for permanent appoint- ment to the Bench may be assessed, has not been followed here. Criticism has been expressed from time to time of the process of (Cont'd on p. 324)

The Limitation of Personal Injury and Death Ac t i ons 3 07

Lawbrief

3 15

People and Places

3 16

LRC Proposals on De f ama t i on, Co n t empt and Libel

3 19

Practice Notes

3 23

Correspondence

3 25

Book Reviews

3 27

Captive Insurance and the IFSC

3 30

Professional Information

3 33

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Editor:

Barbara Cahalane

Committee: Eamonn G. Hall, Chairman Michael V. O'Mahony, Vice-Chairman

John F. Buckley Patrick McMahon Elma Lynch

Advertising: Seán Ó hOisín. Telephone: 305236 Fax: 307860 Printing: Turner's Printing Co. Ltd., Longford. * The views expressed in this publication, save where otherwise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7. Tel.: 710711. Telex: 31219. Fax: 710704.

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