Judge remarks

jawacz

District court Judge in Family case remarked often "just look at you sitting there, your demeanour, like you don't have a care in the world" & also "no judge in the country would (subject) and I will make sure that they don't" this while I was sworn in to the witness stand. Do I have any recourse in relation to the negative attitude that was displayed?

coylemj

jawacz wrote: »

Do I have any recourse in relation to the negative attitude that was displayed?

There are colourful district justices all over the country who fill the columns of provincial papers with their observations and prejudices. Some of them occasionally reveal deep racial prejudices which if they came out of the mouth of a politician would quickly bring the curtain down on his career.

Your recourse is an appeal but it's very unlikely that a lawyer will march into the Circuit Court and suggest that the DJ was predisposed against his client. You just outline the same case and hope that you get a better hearing the second time round.

conorh91

The procedure currently in place for disciplining judges and enquiring into their conduct is unacceptably weak. For experiences like yours there is effectively no remedy. This gives rise to plenty of loose canons, which is bad for members of the public, for legal practitioners, and reflects badly on the courts themselves.

the Government has had a judicial council/ judicial complaints bill planned for about 3 years and we're told it's still being prepared but at the moment, you basically just have to accept snide and insulting remarks from the bench, unless it is so serious as to warrant an investigation by the Chief Justice which has only happened a handful of times in the history of the State.

There was an article it in one of the student law journals a few years back which said we're the only country in Europe and the common law world without a judicial complaints board.

lawfilly

Unless the judges remarks had an effect on the manner in which the decision was ultimately made, in which you may be able to seek leave from the High Court to judicially review the decision, which may lead to the decision being quashed and reverted back to the DC, there is little recourse.

Often local practitioners will not seek to JR judges on the premise that they appear before them regularly therefore will not rock the boat.

MarkAnthony

Fantastic thread and a real eye opener. Nothing to contribute I'm afraid OP I just hope some more of the regulars weigh in with their experiences.

robman60

I was at a talk given by the Chief Justice last Thursday and she highlighted it as one of the biggest failings of the judicial function. Shocking that we're the only EU country without a proper complaints board.