Judge Alan Mitchell

Visiting judge offers “significant reduction in fines” to Mayo defendants offering guilty pleas

A DISTRICT Court judge has revealed that he contacted the Department of Justice to ascertain what the situation is for solicitors who were approved for legal aid before July 1.

Judge Alan Mitchell, who conducted courts in Achill, Ballina and Belmullet over the past week, said he did so to enquire as to what would happen in the event where people who are no longer on the legal aid panel but had assignments before July 1.

He explained: "I have been told in writing by the department that the solicitors would be paid if they were on the panel."

The judge said he has told solicitors in the Criminal Courts of Justice (CCJ) in Dublin that in two weeks’ time there will be an expectation for them to appear if the court assigned legal aid before July 1.

“But we will see what happens at that stage. I’m not going to enforce it here.

"If I’m back here in October I’m not sure what I might do,” said Judge Mitchell.

He said regulations state that there is an onus on him as a job to try and maintain the administration of justice as best as possible.

A large number of Ballina cases were adjourned to November with the judge fearing that the dispute would not be resolved before mid-October.

Judge Mitchell’s frustration was compounded at last Thursday’s court sitting in Achill District Court, which saw all cases adjourned to the next sitting in November.

The judge took a dim view to two cases that were private matters and did not require legal aid certificates, which were adjourned as solicitors were not in court.

“When it’s a private matter, I expect cases to be heard,” said the judge.

“Solicitors cannot piggyback on the dispute for private cases. They may be out in solidarity, but I see it totally different,” he remarked.

At the three Mayo District Courts last week, the judge offered defendants a ‘significant reduction in fines’ for guilty pleas in cases where they were unrepresented and there was not a risk of a jail term.

“A sale of the century is in operation,” he told the court in Ballina.

Judge Mitchell said he was not putting any pressure on people to enter guilty pleas but was willing to offer ‘significant discounts’ on fines and look upon their plea favourably if possible.

At Achill District Court he quipped that ‘maybe the defendants are on strike’ as three defendants failed to appear in court for their respective cases and suggested they may not have attended due to the ongoing strike.

“They listen to the news and see,” said Judge Mitchell.

* Funded by the Courts Reporting Scheme.