Irish Legal System Handout Three PDF

Topic Three The Courts and Legal Personnel Irish Legal System Courts and Legal Personnel The Courts System What is a Court? What is the function of a Courts system? The Constitution – Articles 34 – 37 Sets out the basic framework of the courts system Detailed rules are to be found in leg...

Topic Three The Courts and Legal Personnel Irish Legal System Courts and Legal Personnel The Courts System What is a Court? What is the function of a Courts system? The Constitution – Articles 34 – 37 Sets out the basic framework of the courts system Detailed rules are to be found in legislation Courts (Establishment and Constitution) Act 1961 Courts and Court Officers Act 1995 Minor changes to the Courts system can be made through legislation – Courts Act 2023 Major changes require a Constitutional amendment – for 33rd Amendment (2013) – new Court of Appeal  Courts and Legal Personnel The Courts System Cases are generally heard in public – ‘open justice’ ‘In camera’ hearings Examples of cases heard ‘in camera’ Contempt of Court interference with the due administration of justice - here Restrictions in relation to criminal proceedings Irish Times Ltd v Ireland (1998)  Courts and Legal Personnel The Courts System Courts of First Instance Courts of Appeal Superior Courts – High Court, Court of Appeal and Supreme Court Inferior Courts – Courts of local and limited jurisdiction – District Court and Circuit Court Court Structure – see next slide Courts Structure Courts and Legal Personnel The Courts System Administration of the courts system The Courts Service Act 1998 Role of the Courts Service Funding Annual Report See www.courts.ie Courts and Legal Personnel The Supreme Court Composition Tenure Order of precedence The Chief Justice Jurisdiction Supreme Court Hearings Decisions of the Supreme Court Courts and Legal Personnel The Supreme Court Number of Judges sitting Simultaneous sittings Supreme Court Judgments Recent Supreme Court decisions – see additional information on Canvas  Courts and Legal Personnel Court of Appeal Referendum – 33rd Amendment - 2013 Composition Jurisdiction Courts and Legal Personnel The High Court President of the High Court Composition of the High Court Jurisdiction of the High Court Civil Cases - see examples of awards by the High Court Criminal Cases High Court becomes Central Criminal Court Juries in Criminal Cases Criminal Cases – Special Criminal Court Arguments for and against the use of the SCC Courts and Legal Personnel The Circuit Court Composition of the Court Organisation of the Circuit Court Jurisdiction of the Circuit Court Use of the Jury in the Circuit Court Courts and Legal Personnel The District Court Composition of the Court Organisation of the District Court Civil & criminal jurisdiction Small Claims Court Courts and Legal Personnel Appointment and Qualification of Judges Courts and Courts Officers Act 1995 District Court Circuit Court High Court Supreme Court Formal Appointment Informal Process – Political Influences Judicial Appointments Advisory Board Judicial Appointments Commission Bill 2022 - here Courts and Legal Personnel Judicial Appointments Advisory Board (JAAB) Composition Role of the Board Limitations of the Board Annual Report Comparison with the UK system Comparison with the US system  The Constitution and Judiciary Article 34 – Declaration on Appointment Article 35 – Judicial Independence Courts and Importance of judicial independence Legal Personnel Aspects of judicial independence in practice  Courts and Legal Personnel Removal of a Judge from Office Article 35 – Supreme and High Court Judges Courts of Justice Acts 1924 & 46 – Circuit and District Judges Impeachment Process Meaning of ‘stated misbehaviour or incapacity’ Recent case – ‘Golfgate’ – see additional material on Canvas  Judicial Conduct in Individual Cases The Sheedy Case 1999 Background to the case – DPP v Sheedy Courts and Role of O’Flaherty J (Supreme Court Legal Personnel Judge) Role of Kelly J (High Court Judge) Role of Michael Quinlan (Circuit Court Registrar) Courts and Legal Personnel Judicial Conduct and Individual Cases The Curtin Case 2002 Background Motion to impeach Motion to set up Joint Committee Curtin v Dail Eireann and others (2006) Resignation of Judge Curtin ‘Golfgate’ Supreme Court Judge Seamus Wolfe New Covid restrictions announced on 18 August 2020 Oireachtas Golf society event on 19 August Attended by approx. 80 individuals Attendance of Justice Wolfe Communication between Chief Justice and Justice Wolfe Outcome Courts and Legal Personnel  Courts and Legal Personnel Judicial Council Act 2019 Function of the Judicial Council Composition of the Judicial Council Judicial Studies Committee Judicial Conduct Committee –implemented October 2022 Annual Report Courts and Legal Profession The Legal Profession Division into two branches Role of the Solicitor Role of the Barrister Organisation of legal profession in other jurisdictions Courts and Legal Profession Solicitors Role of Law Society of Ireland Admission to the profession Disciplinary Tribunal Compensation Fund Practice – sole trader and partnership Non-contentious work Contentious work Judicial appointment Advertising Fees Courts and Legal Profession Barristers The Honourable Society of the King’s Inns Admission to the profession The Law Library Chambers Practice – sole trader Discipline – General Council of the Bar Bar Council Code of Conduct Courts and Legal Profession Barristers Instructing a Barrister Cab-rank rule Direct Access Junior Counsel and Senior Counsel Advocacy Immunity from Suit Wigs and Gowns