The rift between Judge Michael Pattwell and the Southern Law Association widened yesterday when the judge issued a statement accusing the association of acting contrary to the Constitution.
The judge last Wednesday held Cork solicitor Ms Marguerite Fennell in contempt of court at Kanturk, ordered her to be detained by gardai and subsequently fined her £2. When Judge Pattwell sat at Midleton District Court the following day, members of the Law Association and the Free Legal Aid Board met him in an attempt to have the conviction of Ms Fennell struck out. The judge refused and the association informed him that members were withdrawing their services from courts throughout the region in north-east Cork where he presides.
Before yesterday's sitting of Mitchelstown District Court, three local solicitors told the judge that they would not be appearing before him. He then adjourned several cases until March 3rd. After court business, the judge issued a statement, saying the action of the association's members - with the apparent approval of their professional body, the Incorporated Law Society - "is to be deeply regretted and in particular is very deeply regretted by me, against whom it has been directed in a personal way".
He said that the association's attempt to force him by a "strike-type action to reverse a decision that I honestly and sincerely made" was unlawful and unconstitutional. It sought to influence him as a judge in a way that, if acceded to, would be contrary to the constitutional declaration made by him over 10 years ago (on appointment as a judge) and to the constitutional independence of the court.
Solicitors, backed by their professional bodies, should never have taken such action and in doing so they had attacked the constitutional independence of the courts and the judiciary.
"Solicitors are not entitled to be treated differently to any other citizen." The fact that the legal profession was taking such action in furtherance of an attempt to create a privileged position for themselves was reprehensible. Lawyers were not entitled to put their own personal interests before the interests of their clients.
Judge Pattwell said he had decided to go on leave "before this unfortunate event arose" and he hoped this would facilitate a "cooling-down" period. Further, he said he had contacted the President of the District Court and suggested to him that if it would help to reduce disruption, he would take temporary reassignment to another district until the matter was resolved.
The Southern Law Association welcomed the suggestion that Judge Pattwell was prepared to take a temporary reassignment to another district until the matter was resolved. In a statement the president of the association, Mr Simon J. Murphy, said it would not contradict the force of the judge's declaration but a judge's power must at all times be balanced against the constitutional right of citizens to be represented similarly without fear or favour by the advocates they employed.
"It is completely unacceptable that one of our members, who has herself a constitutional right to due process, found herself arrested, incarcerated and deprived of her liberty when seeking to further arguments on her client's behalf," the statement declared.