Judge David Waters hopes 'wise heads will prevail' in criminal legal aid dispute

Judge David Waters took up his new position as a judge of Cork District Court by expressing the hope that "wise heads will prevail" in the dispute with the justice minister over changes to the criminal legal aid scheme, which prompted Cork solicitors to resign from the panel en masse on Tuesday.

“Thank you for the words of welcome. I think I know virtually every single practitioner by first name,” Judge Waters said.

He said that, after eight and a half years as a District Court judge in Kerry, he was aware of the recent issues that had arisen.

"I am not going to enter the fray whatsoever. This is not new to me. The same situation arose in Kerry. I am not going to make any comments. I understand the practitioners' position and the position of all parties. I hope it will be resolved as quickly as possible. I am not going to interfere with practitioners' decision. I am not going to enter the fray. I hope wise heads will prevail and that there will be some realistic solution to this," he said.

Frank Buttimer, a solicitor, appeared in court alongside many of the solicitors who resigned from the criminal legal aid panel to welcome Judge Waters to his new role as the judge presiding over Courtroom 1 at Cork District Court in the Anglesea Street courthouse.

Mr Buttimer wished Judge Waters well in his new role. He was joined in welcoming the judge by Sergeant Gearóid Davis on behalf of An Garda Síochána, Clodagh Meade on behalf of the Probation Service, and Peter Devine on behalf of the Courts Service.

Referring to the dispute, Mr Buttimer said: “It is highly regrettable that we find ourselves in the situation of conflict with the Department of Justice. The implementation of the statutory implement is a fundamental alteration of the terms and conditions of our contract with the Department which has remained the same for approximately 60 years, without having seen the proposed new contract until we see it today in Irish Oifigiúil.

“We are resigning from the Legal Aid panel from today, which we deeply regret because of the inconvenience to the courts, to An Garda Síochána, the Probation Service, the Prison Service, but mostly to our clients – above all else.

“This is really difficult for us as practitioners to deal with, affecting us, our morale, our staff, affecting our families. This situation is having a profound impact. We had no option but to make this stand… We were left with no choice.

“All the activities of the criminal justice system end up in court. We find ourselves having to pass the situation to you (the judge). I appreciate you cannot comment. But you have to deal with the situation in which you find yourself.

“We are very respectful of all things of the law but we have been left with intransigence and lack of engagement which is a source deep concern and the resolution of this is not with us.” 

Similar comments were made at Cork Circuit Criminal Court, where Judge Dermot Sheehan was informed of the latest position in the dispute.