Wicklow judge speaks out as local courts face growing backlog amid legal aid dispute
The Wicklow PeopleA Wicklow District Court judge has admitted she is no longer optimistic about a resolution to the ongoing legal aid dispute, as a growing number of cases are being adjourned and pushed into November and December.
Sitting Judge Mary McAveety has made several comments during her recent sittings at Bray District Court, as the ongoing dispute over criminal legal aid continues to cause disruption and add to an already significant backlog.
On Tuesday last week, the judge issued 22 bench warrants, while 86 of the 90 cases listed were adjourned as Wicklow-based solicitors remain united and show no signs of breaking ranks.
All practitioners in Wicklow who have been taking part in the withdrawal of criminal legal aid services remain committed to the action, with no indication that any are preparing to return to accepting the work.
Wicklow-based solicitor Brendan Maloney said the resolve of solicitors who have withdrawn their services remained firm, and that they were determined to oppose the changes introduced under the new legal aid payment scheme.
He described the changes as “an unjust, unfair and an egregious attack on the administration of justice”.
Mr Maloney added that, with the courts now resuming following the summer break, the impasse showed “no sign of resolution” and appeared set to worsen, causing further chaos and disruption within the court system.
During an appearance involving a client who is currently on remand at Cloverhill Prison, barrister Sorcha Dianamh Ní Néill Fulham told the court that the court office had listed the matter for a separate date without notifying her solicitor.
A letter was sent to the accused, despite him being in custody, but the defence was unaware of the new listing.
The barrister said that if it was under the new flat-fee legal aid regime it would result in an appearance.
“It would be an unnecessary appearance, which could necessitate the defence to work for free,” she told the court.
Judge McAveety pointed out that a letter had been sent to the defendant, with Ms Fulham reminding her that her client was not in a position to receive the correspondence.
On Thursday, while fixing a date for a man accused of very serious offending, Judge McAveety commented: “I don’t know if I’m optimistic. I was in July, but now I just don’t know.”
A member of An Garda Síochána added: “Let’s hope we have some white smoke in the coming weeks.”
The majority of hearings listed to go ahead on Thursday, involving people accused of offences ranging from domestic violence and assault to drink driving, were adjourned.
12 out of a possible 15 matters were pushed back to dates in November and December. The continued adjournments are adding to an already significant backlog, which has built up since July.
However, the disruption comes despite Justice Minister Jim O’Callaghan insisting that the criminal courts are operating effectively.
Earlier this month, Mr O’Callaghan said he disagreed with the characterisation of “chaotic” scenes in the courts and said: “The criminal courts are operating, and they’re operating effectively.”
His position has remained firm, with the Government continuing to defend the new payment structure while criminal defence solicitors maintain their withdrawal of services.