The Chief Justice has warned of the dangers of basing criticisms of the courts system and judges on generalisations and isolated or extreme instances.
Mr Justice Donal O’Donnell said constructive criticism of the courts is “welcome”, but commentators have a duty to be fair and to recognise the limitations on available information.
They should also be aware of the “significant constraints” on the courts and individual judges, he said in a speech at the Four Courts on Monday to mark the start of the new legal year.
While social media gains influence, daily reporting of court cases has “significantly decreased”, which matters, as international research shows greater public knowledge of the legal system leads to greater confidence in it, he said.
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The State’s top judge said there is “nothing inevitable” about a form of Government where checks and balances by the courts provides for the limitation of the legislative and executive powers. Such a system is “now under challenge at a level we have not witnessed before, and much of that challenge is directed towards courts, whether at a national or supernational level,” he added.
That criticism is “existential” and, while some elements are refined intellectual analysis, there is another side that is “more visceral” and “made more dangerous” by a lack of comprehensive, accurate information and a tendency to extrapolate from isolated or extreme examples. This commentary can be amplified exponentially by social media and widely shared by people who have no direct experience of courts, he said.
Mr Justice O’Donnell said the public is entitled to expect judges to make decisions “without fear or favour, solely by reference to facts and law”.
“All judges must set aside their fears, their affections and general opinions, and refrain from comment,” he said, adding there are limited occasions where it is appropriate for judicial leaders to make “measured” public comments.
Elsewhere in his speech, the Chief Justice noted Ireland has consistently scored bottom of the EU member league table regarding judges per capita, although he welcomed the appointment of 24 new judges.
A major upgrade project is under way across the Courts Service, but significant and consistent funding is needed over the next decade to compensate for a century of underinvestment, he said.
He said the annual budget for the Courts Service (€195 million in Budget 2025) and the salaries and pensions of judges (€40 million) would run the health service for less than one week and the education system for about a week or so.
It is legitimate to ask whether this comparison is a reflection of the relative importance of the courts system, and it shows investment that would go unnoticed in other State sectors could have “really significant benefit and an even transformative impact on the legal system”, he added.
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