As a national legal aid dispute continues, the Tralee court list exceeds 500 cases
Kerry solicitors challenged the Justice Minister’s comment that courts were “operating effectively” as Tralee’s district court backlog reached unprecedented levels.
Regular court sittings resumed nationally on September 1 after the annual August break, as a national withdrawal of solicitors’ services approaches its fourth month.
The industrial action began in June over a new payment model for criminal legal aid cases.
Kerry solicitors remain committed to the action, despite last week’s mass adjournments and what they consider a lack of engagement by Justice Minister Jim O’Callaghan.
“Sure, how could he actually say that when that isn’t the situation on the ground?” said Pat Mann, president of the Kerry Law Society.
“It might be the information he has, which I wouldn’t be blaming him for. I’m only saying that’s not accurate. I don’t know how he could say the courts are running effectively because it’s creating a huge backlog of work for people, and it’s also creating huge difficulties within the prison system for people whose matters haven’t been dealt with.
“At a practical level, we’d all rather be back at work than having the gloomy prospect of winter’s evenings going on until six or seven in the evening.”
Last Wednesday, the 34-page Tralee District Court list exceeded 500 items.
“Twas the biggest list I’ve ever seen,” said Mr Mann.
Nearly all criminal cases were adjourned at Tralee on Wednesday and Kenmare on Friday, with rural cases delayed until the Christmas period. Kerry solicitors continue to represent clients in custody.
Last week, the Law Society of Ireland said the dispute had “effectively come to a standstill”.
One of Mr Mann’s clients, a tradesman, has been unable to work due to a charge of driving without insurance that has been adjourned.
“The insurers won’t insure his van so he can’t go working,” said Mr Mann.
At the same time, said Mr Mann, “I certainly can’t break the strike that we all have because we’ve vigorously stuck to it since day one.”
Solicitors were previously paid just over €239 for a first appearance and €60 for each subsequent hearing.
The new flat fee of €520 is equivalent to five appearances, the average for a criminal legal case, and a small increase in fees.
It was introduced to increase efficiency in the courts. Solicitors note many adjournments are sought by the Director of Public Prosecutions and cases involving children and those suffering from mental illness often exceed 10 appearances.
While solicitors in Clare have resumed work, more than 100 criminal defence solicitors walked out of Dublin district courts on Tuesday.
Kerry lawyers say the new structure was introduced without engagement.
“We are still on strike, we are waiting to see how things develop nationally,” said solicitor Brendan Ahern. “We are still not happy with the new payment scheme and the minister and the Department of Justice are not listening to the issues.
“We are aware that, in some districts, solicitors have returned to work, but solicitors are holding firm in Dublin, Galway and Limerick and other places, too.”
Funded by the Courts Reporting Scheme