More than 100 criminal defence solicitors from Dublin have walked out of the District Courts in Dublin as their dispute over the imposition of new fees for criminal legal aid continues.
They were joined by scores of solicitors who practise in the district courts outside the capital as the dispute escalates.
The Dublin based solicitors last week voted unanimously to continue their withdrawal of services due to the ongoing impasse over this new fee structure imposed by the Minister for Justice on the 1st of July.
The Dublin District Courts are returning to normal service today (Tues 1st September) after the usual August break.
This means that the number of sittings at the District Court will rise from two a week during August to its full Monday to Friday schedule.
The ongoing withdrawal of services will mean a backlog of cases will now grow much more quickly, which will in turn have a much greater impact on the District Court System.
Tony Collier, a partner in Ferrys Solicitors said: “The criminal justice system is effectively grinding to a halt and we are going to see Covid era-style backlogs in court cases as a result of this on-going dispute with the Minister.
“We want to be back at work but, as this dispute runs on, victims of crime are being left in limbo, defendants in the criminal legal aid system are going without legal representation and court cases will stack up more rapidly.”
The impact of the withdrawal of services is also being felt at Garda Stations nationwide as criminal defence solicitors are not available to provide legal advice or attend garda interviews to detainees.
Dublin based solicitor Michael Finucane, of Michael Finucane Solicitors said: “Solicitors are getting phone calls from garda stations as far away as Galway and Mayo as the gardaí seek representation for people who are entitled to legal aid.
“One garda told me I was the 50th solicitor he had called.
“This is a terrible waste of time and important police resources, as well as undermining the rights of defendants to have a solicitor present.
“It is also a ticking timebomb that I’ve no doubt will have implications for criminal proceedings further down the line.”
The Dublin based solicitors were joined by colleagues from around the country on the steps of the Criminal Courts of Justice in a show of solidarity.
Yesterday, criminal defence solicitors based in Munster decided to also continue their withdrawal of services into September.
This dispute centres around the imposition, without meaningful negotiations, by the Minister for Justice of a new flat fee structure for criminal legal aid which forces solicitors to work for free on complex or delayed cases.
Criminal defence solicitors are in favour of reform, but are requesting two changes to his proposal, which would see them return to work immediately:
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Under the previous system, criminal defence solicitors were paid per appearance: €239.38 for the first date and €59.86 for each subsequent remand. The new system replaces this with a single flat fee of €520 per client, regardless of how many separate and distinct cases come before the court. Solicitors are asking the Minister to issue certificates per cases committed on separate dates, with a cap of five certificates per defendant, per court, per day. As it stands, the Minister’s proposal means they would work for free once a case goes beyond what a single flat fee can reasonably cover.
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The same problem applies to cases that run far longer than average: fitness-to-plead cases involving people with psychiatric issues or mental health issues, cases involving children, or defendants remanded in custody. These involve numerous court appearances driven by statutory and welfare rules and by systemic delays. The solicitors are asking that a further legal aid certificate be issued once a case exceeds 10 court appearances. This is fair, and it reflects the work solicitors actually do.
Solicitor Colleen Gildernew, of KOD Lyons said: “We want to be back at work, in the courts and at garda stations, helping our clients and ensuring the smooth functioning of the Criminal Justice System. We urge the Minister to return to the table and engage with us with a view to a speedy resolution of this matter.”