‘It’s time for this to stop!’

Judge voices frustration at solicitors’ strike

THE DISTRICT COURT judge for Cavan-Monaghan, Judge Raymond Finnegan, has voiced frustration at the ongoing dispute which has seen solicitors withdraw their services in legally aided cases.

The solicitors took the action in protest at a new system for such payments introduced at the beginning of July.

Since that time, almost all legally aided criminal cases have been adjourned in anticipation of a resolution of the dispute. This has resulted in an ever growing backlog of cases, with the potential to clog up court lists and ultimately overwhelm the system if no progress is made.

Solicitors were this week calling again on Minster for Justice Jim O’Callaghan to “engage” with them on the issue, but it is understood that the Department of Justice has indicated that there will be no discussions until the High Court rules in October on a judicial review challenge to the new scheme.

It had been hoped that an agreement would be found before the new legal year officially begins on October 5.

Judge Finnegan stated at Monaghan District Court today (Monday, September 21) that he believed it was “time for this to stop”, and that solicitors in this area would not be adversely affected by the changes.

He made the comments while dealing with a public order case where the defendant was facing a charge of being intoxicated in Monaghan town on July13 last.

Roisin Courtney, solicitor, who normally acts for this defendant, pointed out that her client was due before the court again in November, on separate matters, and asked if the new charge could be deferred until that date also.

But, given that the charge now before the court was only a simple public intoxication case, Judge Finnegan intimated that he would be dealing with it forthwith rather than waiting for the legal aid dispute to be resolved.

When the judge told Ms Courtney that he was getting “a little bit restless” in relation to the ongoing withdrawal of solicitors’ services, her reply was, “You’re not the only one, judge.”

Judge Finnegan then made is opinion on the ongoing stand-off very clear when he declared, “It’s time for this to stop.”

He went on to state that his view was that solicitors in his Cavan-Monaghan district had “nothing to fear” from the new regulations. As far as he was concerned it was practitioners in other parts of the country that were, he intimated, being supported by the actions of colleagues in this district.

“I’ll leave it there,” Judge Finnegan said in conclusion.

Judge Finnegan proceeded to hear the details of the case and imposed a €300 fine, allowing two months for it to be paid.