It is a time of upheaval among the legal eagles and it's not the never-ending tribunals. The chairman of the Bar Council, John McMenamin, steps down at the end of the month following what must have been the most fraught two-year tenure of office ever. The chairman and his council had to adjudicate when rows broke out between tribunal barristers and judges; the profession itself, while raking in more and more lolly, saw its public reputation take a nose-dive and to cap it all; and two judges, Hugh O'Flaherty and Cyril Kelly were forced to resign in unprecedented circumstances which have still not been resolved and which continue to attract publicity. Throughout it all, McMenamin has been at the helm in defending his profession.
Several names have surfaced as replacements, including SCs Rory Brady, Feargal Foley and Liam McKechnie, but until the elections to the Bar Council are completed later this month neither the front-runners, nor indeed all the candidates, will be known. Campaign issues are likely to include the high spending of the Bar on new buildings and staff and the two-tier system of those with smart new offices, in the grand buildings in Church Street, and those without.
As the barristers are electing 10 new council members and the council is electing a new chairman from within its ranks, the Government will be appointing two new judges before the law term ends on July 30th to fill the vacancies. Names mentioned are Fred Morris and Euro judge John Murray for the Supreme Court, and Eoin Fitzsimons, Joe Finnegan and Andreas O'Cuiv for the High Court. But this is only talk, the High Court in particular is wide open.
What is believed, however, is that the number and quality of applicants to the Judicial Appointments Board has been lower than expected and that the circumstances of the vacancies as well as concern over increased intrusion into the private lives of public figures is the cause. Most barristers now feel that the restrictions the bench places on ordinary life and the dip in salary many would experience, mean that the job is no longer attractive.
These are matters that may arise as the one-day Bar Council Conference in the Distillery Building on July 17th debates a subject close to all legal hearts - Inquiries; the Rights of Individuals, Publicity and Confidentiality. The lively bunch of speakers should know what they are talking about and even, with luck, have a good row. They're Britain's Sir Richard Scott who chaired the arms exports inquiry; Mark H. Tuohey III deputy to the US independent counsel Ken Starr, and Democratic Senator Chris Dodd. The Irish speakers are lawyers Rory Brady, Michael Collins, Paul Gallagher and Sarah Moorhead, while RTE's Miriam O'Callaghan will be the facilitator.