New courts chief wants service to be user-friendly

From November 9th Mr P.J

From November 9th Mr P.J. Fitzpatrick will be in charge of every court in the State, from the smallest, part-time District Court to the Four Courts in Dublin, housing the High and Supreme Courts and some of the Dublin Circuit Courts.

He is the chief executive designate of the new Courts Service, which is being formally established in two weeks time. However, already the Courts Service Transitional Board has taken over much of the running of the courts.

The Courts Service will mark the end of the regime inherited from the last century, which has grown in a patchwork fashion since. This led to a situation where the Department of Justice ran the courts, while the Office of Public Works or the local authorities were in charge of the buildings, and the court hearings were run by the judges.

The system was arcane, complicated and confusing even for those who used it regularly. An unwary member of the public could spend hours around the Four Courts looking for a case in which he or she was interested or involved. Mr Fitzpatrick wants to develop a service which is "accessible, user-friendly, far-sighted, based on forward planning, dignified and robust enough to cope with changing demands".

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It is a constitutional requirement that justice be administered in public, yet most people never see justice administered, and rely on the media for their information. Court reports, however, do not explain the system or prepare people for the day when they might need to use the courts themselves.

Mr Fitzpatrick stresses that the Courts Service will be responsible for the management, administration and funding of the courts, not with the administration of justice. It will have no role in how cases are conducted or their outcome.

It will have the power to transform the public's experience of the courts. It will have a considerable budget to modernise the buildings, to buy or build new ones, and to introduce services like information offices and, where possible, creches and cafes, into court buildings.

"There will be a need for resources, especially on the building side. We are looking at a figure of about £200 million," he said. "Many will have to brought from the 19th century up to the standards of the 21st."

A key part of the modernisation will be the new information technology system, including a website to be launched shortly. That will carry the Legal Diary, the list of every case being heard in the higher courts, where it is being heard, and by whom, the evening before. This will allow solicitors outside Dublin to access it, rather than have someone physically seek it out in the Four Courts on the morning of the case. Eventually the information technology system should allow the filing of documents electronically, thereby greatly reducing the need to physically lodge documents in court. This will involve a change in the rules of court. Another benefit will be the tracking of offenders' records. "We have a criminal tracking system just in now. The second phase will mean that if someone is convicted and sentenced that can be communicated electronically to the prison. Records, like previous convictions, court appearances, etc will be available to judges."

The new user-friendly system will also include information displays, not unlike those at airports. These illuminated displays in the Four Courts, will show what cases are running, before whom, and in which court.

Mr Fitzpatrick stresses the importance of demystifying the courts system, and he will actively seek input from court users and the public. He will develop a users charter, in consultation with interest groups and members of the public, including measures to ensure that marginalised groups like those suffering from disability are included. This will be published within a year. The whole language of the law will be examined to ensure that as much legal terminology as possible is eliminated. There will be one-stop shops for the public, where people will be able to get information on what they need to do, for example, to seek a divorce or other legal remedy, along with the necessary documents.

There will be a particular emphasis on family courts which will, as far as possible, be separate from other courts and will have private consultation rooms and a family-friendly environment.

"Dublin Corporation have agreed to provide and construct a four-to-five floor building on a site there on Ormond Quay," Mr Fitzpatrick said. "It will include all family law, from the district and circuit to the High courts. The courtrooms will reflect the particular requirements of family cases, they will be smaller and less formal. "There will be provision for solicitors from the Legal Aid Board and for the Probation and Welfare Service, and a place where parents can leave children while they're in court. In general there will be much more privacy and dignity than at present."

All these changes will have implications for the court staff. Traditionally the High and Supreme courts had their own staff and promotion structures, and this will be replaced by a unified staff structure for the whole courts service. It will involve ending the tradition of filling jobs according to seniority. Talks are still going on with the Public Service Executive Union, while agreement has been reached with other unions.