More judges and extra working day for some District Court judges expected in working group’s recommendations

The appointment of more judges and an extra working day for some District Court judges are expected to be among the recommendations of the judicial planning working group.

Most of the 64 District Court judges work a five-day week but a four-day week has been the norm for many years for up to 25 of the judges based outside Dublin. The working group is expected to recommend that all District Court judges work a five-day week when it reports shortly.

Minister for Justice Helen McEntee signalled last week that more judges will be appointed in line with the expected recommendations of the inter-departmental working group.

Headed by Brigid McManus, former secretary general of the Department of Education, the group was set up about a year ago and includes representatives of the Departments of Justice and Public Expenditure and Reform.

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Its remit was to consider judicial resource needs across all five court tiers over the next five years in line with the commitments of the Government’s justice plan and programme for government. The brief also involved examining work practices, efficiencies and productivity in the Courts Service.

Its work was also informed by research on the judicial and courts system carried out by the Organisation for European Co-operation and Development.

A report by the European Commission for the Efficiency of Justice (CEPEJ), published last week, noted Ireland had 3.27 judges per 100,000 inhabitants in 2020, well below the European average of 17.6.

Ms McEntee told the Seanad last week that she expected the report would “set out not just an increase in the number of judges but also where we can have greater efficiencies and perhaps change some of the work practices”.

“The solution is not just having more judges but in how they operate and function,” she said.

More than 80 per cent of court cases come before the District Court whose president Judge Paul Kelly previously told The Irish Times he needed at least 18 more judges to deal with the “overwhelming” workload.

There should, he said, be enough judges to deal with urgent family and child care applications without any delay and to reduce waiting times for contested criminal trials, and contested civil and family law matters, to approximately two months.

The court also needs sufficient judges to give hearing dates for contested child care cases within three months of them being certified as ready for hearing, he said.

More judges would enable District Court judges deal with non-court commitments and training; mean sufficient headroom to allow for sudden illnesses, sick leave or sudden unavailability of judges and allow for the establishment of the proposed new Family Division, he said.

The Circuit Court has 44 judges and its president, Judge Patricia Ryan, is understood to have sought a substantial increase to that number. Among the factors that have contributed to an increased workload for the District and Circuit Courts is overall population growth.

The Circuit Court also faces an influx of new cases as a result of the imminent commencement of the Assisted Decision Making Capacity Act.

The High Court has 46 judges following an additional five appointments last year. Its president, Mr Justice David Barniville, has called for an additional 20 judges, including four more in crime to help address delays in having trials heard.