The recent death of James P. Gilvarry, retired judge of the District Court, marked the end of an era for many solicitors practising in the counties of Cavan, Monaghan, Roscommon/Mayo, Sligo and Leitrim.
Judge Gilvarry at the time of his retirement in 1994, had been one of the longest serving judges in the history of the State. "Jimmy", as he was affectionately known to his legal colleagues, qualified as a solicitor in 1947. He worked for a brief period in Clonmel before establishing a practice in Ballina.
He was appointed a temporary judge of the District Court on the September 16th, 1960, and served until the March 31st, 1961. He then returned to private practice until his appointment as a permanent judge in February of 1963.
He was appointed judge for the Cavan Monaghan area (Court Area No 5) in 1964 and served there until 1969. He was then appointed to Roscommon District Court Area (Court Area No 4) where he served until 1982. His final posting as a judge was in the Court Area of Sligo Leitrim (Court Area No 2), where he presided from 1982 until his retirement in 1994.
As a judge, Jimmy combined the characteristics of humility, kindness and generosity, backed up by a steely determination to do "the right thing". His exercise of judicial authority was always tempered with "mercy".
He always displayed great courtesy and kindness to both legal practitioners, the garda∅ and litigants. In particular, he extended great patience to young legal practitioners who were learning their trade. His sense of humour and quick wit were legendary. Even when you were on the wrong side of a decision he always let you down gently and your client always left the court knowing they had received a full and fair hearing.
His ability to put a nervous witness at their ease did much to facilitate the cause of justice in his court. He always maintained an avid interest in the law and in particular all developments affecting district court practice and procedure.
His large brown, well worn leather brief case, which went with him to all courts and became his trade mark, was a veritable treasure throve of legal precedents and text books pertaining to the district court.
Following lengthy legal argument in any case, a practitioner could be assured that Jimmy would pull from his brief case some pertinent and relevant precedent, which neither party had averted to. Jimmy's briefcase always carried the most up-to-date case law and statute law and was an impressive forerunner to the mandatory laptop computers used by judges of today.
His courts were a pleasure to work in, with the bench showing respect and fairness to everyone.
Following his retirement, Jimmy acted a tutor in the Law Society's law school, where his breath of experience and depth of legal knowledge proved to be an invaluable asset both to teachers and students alike. His encouragement and kindness to the nervous student did much to give them confidence.
Off the bench Jimmy's abilities and passion for golf were renowned. His captaincy of Enniscrone Golf Club, saw it established as one of the premier clubs in the country. Jimmy also hosted many legal golf outings and the memorial competition founded in his honour, will continue to be played annually at Enniscrone. His ability for repartee and telling a good story, particularly against himself, made him a welcome addition to any company. He loved life and life loved him.
In his final months, Jimmy bore his illness with dignity and bravery. He never complained and he never lost his sense of humour. This reflected the fact that he went to God with a clear conscience having lived a full and good life.
Our deepest sympathies are with this wife Phyllis, whom he often described as the "light of his life", his daughter Helen and sons, Michael, Terry, Declan and David.
He hasn't gone far, he is gone to God and God is always very near.
May he rest in peace.
K.J.