More High Court judges will hear cases during summer vacation, says High Court president

A pilot project announced by the president of the High Court means more judges will be available to hear cases next September during the court’s long vacation.

Mr Justice David Barniville has indicated there will be five extra judges to hear cases and applications from the court’s family, non-jury/judicial review/asylum and planning and environment lists.

A final decision on the number of judges and the lists they will be allocated to will be made after consultation with relevant stakeholders, but he said the judiciary sees the initiative as something the High Court “must proceed with” this year in light of the recommendations of the Judicial Planning Working Group (JPWG).

Family lawyer Keith Walsh welcomed the pilot project as a “very practical and immediate change” that could result in a greater volume of cases being dealt with every September.

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“While it will be a significant change to the long-established culture and traditions of family lawyers, court staff and judiciary to have to work during the month of September, it is to be welcomed if it assists family law litigants in moving their cases forward and if it facilitates the appointment of more judges,” he said.

This “display of leadership by the judiciary” must be responded to positively by the other stakeholders in the justice system, he said.

The superior courts’ long vacation runs from late July to early October during which time a skeleton service, intended primarily for urgent applications, is provided via a vacation judge.

The pilot project means all High Court judges will retain their two-month break this year but it will be staggered in some cases. It is anticipated five judges will take their vacation from the end of June and resume work in early September, meaning more judges will be available that month to hear cases. The vacation judge service will continue in August and September as normal.

The pilot project is in line with recommendations by the JPWG in its report of last February, which was accepted by the judiciary and Government.

The judiciary has actively campaigned over years for more judges, saying Ireland’s low rate of judges per capita has contributed to lengthy backlogs in several court lists, including in serious criminal cases. Persons in custody awaiting trial before the Central Criminal Court on rape and murder charges face an average wait of 12 months for a trial date while those on bail can wait up to two years.

The JPWG suggested Ireland may need up to 108 additional judges across all courts over the next five years and linked those to changes in work practices. It made more than 50 recommendations for change in court and judicial work practices, including five-day weeks across all jurisdictions, shorter vacations and the urgent introduction of a modern IT system.

The Government appointed 24 additional judges last year, including six to the High Court and indicated, subject to reforms, it may appoint an additional 20 this year. That would increase the number of judges from 172 at the time of the JPWG report to 217.

The pilot project was announced via a notice from the High Court president, published on the Court Service website.

Mr Justice Barniville said the Government has “made clear” the appointment of additional judges this year will be “heavily influenced” by the implementation of the JPWG recommendations, including the pilot.

He said the decision to introduce the pilot project was made after initial consultation with judges, court registrars and staff. A number of judges have indicated willingness to participate in the pilot and their normal court sitting legal year will end on June 28th next and resume on September 2nd, he added.

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