Judges warned of ‘significant’ disruption to courts
Dozens of solicitors have outlined their concerns in letters to senior judges.
Senior judges have been warned there is likely to be “significant” disruption to court proceedings amid the ongoing criminal legal aid dispute.
It is understood that dozens of solicitors have outlined their concerns in letters to the Chief Justice and the presidents of the High Court, Circuit Court, and District Court.
In one letter seen by the Press Association, a solicitor engaged in the withdrawal of services tells the senior judges that the dispute with the Department of Justice has “not been resolved at this point”.
Tony Collier, of Ferrys Solicitors, says they will not be in a position to provide criminal defence services under the new legal aid model except for limited circumstances.
In advance of the return of higher courts in October, Mr Collier says that solicitors have made an “enormous effort” to resolve the dispute but claims Justice Minister Jim O’Callaghan has “failed to engage in any meaningful way”.
The letter says that the minister is awaiting a judgment in judicial review matters relating to the dispute, describing the position as “unfortunate”.
The judges are told: “It is impossible to resolve such matters where one party fails to engage.
“Unfortunately, in these circumstances, we are not in a position to provide criminal defence services under this imposed legal aid model, save for custody cases and protocol cases, when the new term commences.
“We appreciate that this will cause significant inconvenience and disruption to all parties, and in particular to complainants and victims of crime. This is regrettable.
“Please be assured we have made and are making every effort to resolve this matter in the meantime.”
The dispute over District Court criminal legal aid arose when Mr O’Callaghan replaced a per-appearance fee with a flat rate in July, prompting hundreds of solicitors to withdraw their services.
It has several cases involving vulnerable court users entitled to criminal legal aid, with many matters being adjourned for months.
A spokesperson for Mr O’Callaghan pointed to a letter the minister wrote to the Law Society last week which said the reforms are part of his commitment to supporting the operation of the criminal justice system.
Mr O’Callaghan said more than 1,400 certificates have been granted under the revised scheme, with at least 700 issued in the last fortnight as the district court resumed after the summer break.
He said more than a quarter of the cases where certificates were granted have already been disposed, with more than 75% of those concluding in a single court appearance, attracting the full new fee of 520 euro for that appearance.
He said 99% concluded within five appearances, adding that early indications suggest the system is achieving one of its objectives.