Decision not to replace bailiffs marks ‘deeply misunderstood’ role, High Court judge says – The Irish Times

A High Court judge said a decision in 2012 not to replace bailiffs had led to a “deep misunderstanding” of their role in the legal system, with some courts unable to do without them.

Mr Justice Mark Sanfi was speaking about the retirement of his assistant Ian Barclay, who began his role in 2006 after a career at An Post.

The role of the bailiff was gradually replaced by judicial assistants, who were trained in law and usually became lawyers after a three-year contract. However, there remain a number of assistants who will remain until retirement.

Mr Barclay was the initiator of the so-called High Court“Clerical List” in Courtroom Three – the main court for extraordinary applications such as injunctions – throughout his tenure in Judicial service.

Mr Justice Sanfey, who presides over the Chancery Court, said Mr Barclay had been an assistant to four successive judges who were in charge of the Chancery Court. The court’s docket was very crowded, with a particularly large number of unrepresented or unprofessional plaintiffs.

According to the judge, Mr Barclay provided a vital link between the court, lawyers and plaintiffs and was particularly important when it came to assisting lay plaintiffs, especially in providing them with a level of calm in an often unfamiliar environment. It was also important for Usher to know “when things would start to get busy,” and he reported this to the judge.

However, the judge said he believed the 2012 decision not to replace bailiffs “completely misunderstands the role of the bailiff.”

He said: “No one will say that every court needs a bailiff, but there are courts that cannot do without them.” Mr Barclay’s presence on the court “has been invaluable to me and predecessors, and several judges have contacted me and asked me to join in these statements.”

The judge wished Mr Barclay and his family well in his retirement and noted his long involvement with the Football Association of Ireland, particularly as a League of Ireland match delegate and supporter of Shamrock Rovers.

“Next time you’re a delegate at Dalymount, call me and we’ll have a pint,” he added.