Irish Legal System: Courts and Personnel

Irish Legal System - Courts and Legal Personnel

• The Irish legal system has courts and legal personnel that function according to the Constitution and legislation.
• A court's function is outlined by Articles 34-37 of the Constitution.
• Detailed rules are established by legislation, including the Courts (Establishment and Constitution) Act 1961 and the Courts and Court Officers Act 1995.
• The Courts Act 2023 allows for minor changes to the court system.
• Substantial changes necessitate a constitutional amendment, like the 33rd Amendment (2013) for the new Court of Appeal.
• Cases are generally heard in public ("open justice").
• Some hearings are held "in camera."
• Cases heard "in camera" include instances where contempt of court interferes with justice administration, or criminal proceedings
• The Court of Appeal, High Court, Circuit Court, and District Court, are part of the broader system.
• Courts of First Instance deal with initial cases.
• Courts of Appeal evaluate decisions from lower courts. Higher courts include the Court of Appeal and the Supreme Court.
• Inferior courts deal with lesser jurisdiction issues, including local and limited jurisdiction matters.
• The District and Circuit Courts are part of the inferior court system.
• Court structure is detailed in further slides.

The Courts System

• Components of the Irish courts system include Courts of First Instance, Courts of Appeal, Superior Courts (High Court, Court of Appeal, Supreme Court), and Inferior Courts (District & Circuit Courts) with varying jurisdictions.
• The system is organized regionally.
• The Irish Courts Service Act 1998 details the administration of the courts. Including the role of the Courts Service, and judicial funding and reporting.
• The Courts Service and its funding, role, and the annual report are part of the larger system.
• The structure of the courts is further elaborated on subsequent slides.

The Supreme Court

• The Supreme Court is the highest court of appeal in Ireland.
• It can determine the constitutionality of legislation referred to it by the President.
• It has the power to address questions of the President's permanent incapacity.
• Cases are generally decided by a panel of three judges, with the possibility of a larger panel (up to seven).

Court of Appeal

• The Court of Appeal was established through a referendum and the 33rd Amendment (2013).
• Its composition and jurisdiction are detailed.

High Court

• The High Court is the highest court in Ireland with original power to handle civil and criminal matters.
• This court has the jurisdiction to make decisions on the constitutionality of laws, and can determine civil lawsuits.
• The High Court handles serious crimes involving murder and other specified offenses.
• When sitting as the Central Criminal Court, the High Court deals with these cases.

Circuit Court

• The Circuit Court is a court of limited jurisdiction, handling civil cases up to €75,000.
• It handles family law matters, including divorce and domestic violence.
• It has jurisdiction over criminal cases (excluding those heard in the Central Criminal Court).
• It acts as an appeals court for decisions from the District Court.

District Court

• The District Court deals with civil issues with a €15,000 cap.
• It handles less serious criminal cases, including most traffic-related offenses.
• Cases fitting the criteria can be heard by the Small Claims Procedure.
• It also hears maintenance, custody, and access cases.

Appointment and Qualification of Judges

• Judges are appointed through defined processes including those established under the Courts and Courts Officers Act 1995.
• Both formal and informal processes exist, with potential political influences.
• The Judicial Appointments Commission is a body tasked with judicial appointments.
• The Judicial Appointments Advisory Board (JAAB) is involved in the formal and processes for judicial appointments.

Judicial Council Act 2019

• The Judicial Council Act of 2019 established the Judicial Council, detailing its function and composition.
• A Judicial Conduct Committee was implemented in October 2022 under that Act.

The Legal Profession

• The legal profession in Ireland is divided into two main branches: solicitors and barristers.
• Both have different roles in legal practice.

Solicitors

• The regulatory body for solicitors in Ireland is the Law Society of Ireland.
• Solicitors are admitted to the profession by the Law Society.
• Disciplinary tribunals are in place to address misconduct.
• Compensation funds protect clients in certain situations.

Barristers

• Barristers are members of the Honourable Society of the King's Inns.
• Formal training and admission processes are maintained by the King's Inns.
• Barristers often specialize in particular legal specialties or areas of practice.

Removal of Judges

• Article 35, among other pertinent legislation, governs the removal of supreme court and high court judges.
• Removal of judges is possible, through specific legal processes, in cases of misconduct or incapacity.

Judicial Conduct

• Court decisions from specific cases, including the Sheedy case, the Curtin case, and the case of "Golfgate" illustrate examples in which judicial behavior or procedure is examined.