Mayo judge says he expects solicitors to turn up to court despite dispute

A Mayo judge has advised solicitors in the county that he expects them to appear before him and represent clients in criminal cases if they are not receiving legal aid.

Judge Vincent Deane made the comment at this morning's sitting of Castlebar District Court which saw all of the cases adjourned as solicitors continue to withdraw their services due to the dispute with the Department of Justice over the new criminal legal aid payment model.

Solicitors in Mayo have not appeared in criminal cases in either the district court or the circuit court since June when they formally withdrew their services. Solicitors representing clients who are not receiving legal aid also agreed not to attend court in solidarity with the campaign to oppose the new criminal legal aid payment model.

However, Judge Vincent Deane who is a former State Solicitor for Mayo said he did not see the logic of solicitors representing private clients not turning up for court and was not happy with the situation.

“The court isn't happy and I'm not happy where [a case] is not involved in legal aid and why they are not appearing,” he said.

“If there is a dispute between them and the minister it is one thing and I can understand that. But where there are private clients and matters are before the court, I cannot see any reason as to why the matters are being put back. It just doesn't make any sense to me.

“I don't want to take anyone short. I would much prefer if the message goes out to solicitors that with these matters I expect them to turn up and get on with cases where they have been privately retained. The result of this is from a public point of view is people charged aren't being prosecuted where there is no dispute with anyone involved,” he said.

Inspector Thomasina McHale said she has spoken to solicitors regarding this matter and they stated to her that the solicitors bar association had written to the judges to inform them they would not be present. She said that from a State point of view they can have their witnesses in court if they are needed.

During the brief court sitting which was due to hear contested cases, Judge Deane was informed by some defendants who are not receiving legal aid that their solicitor would not be present because of the dispute and they wished to seek an adjournment.

“This is a dispute between the legal aid solicitors and the Minister,” Judge Deane told one defendant who is not receiving legal aid and charged with drink driving. “There is very little logic where you have a case not involving legal aid and the solicitor doesn't turn up,” he added.

Cases were adjourned until dates in October and November for hearing and Judge Deane asked Insp McHale to pass on his message to the various solicitors involved.