An increase in litigants engaging in disruptive and “sometimes violent” behaviour in court requires a crackdown on such conduct, the president of the High Court has said, warning that this behaviour could result in criminal prosecutions.
In a notice published on Thursday, Mr Justice David Barniville said that given an increase in instances of litigants in person and their supporters engaging in disruptive behaviour, “it cannot be expected that the court will exercise the type of tolerance for such behaviour as may have been exercised up to now”.
Separately, in an interview with The Irish Times ahead of the end of the legal term on Friday, Mr Justice Barniville revealed he has been calling for an increased Garda presence at the Four Courts following an uptick in hostile litigants disrupting court hearings.
“We don’t have sufficient security here in courts. It’s different to the CCJ [Criminal Courts of Justice], where there are a lot of gardaí around . . . We’ve got a very limited Garda presence here in this building. We’ve been calling for greater Garda presence,” he said.
There have been many examples of gardaí being called to assist in the removal of disruptive court users over the years, including some so-called Freemen of Land or Sovereign Citizens who employ obscure legal strategies to obstruct the court.
The Garda maintains a small presence at the Four Courts, which hears civil cases. This is often reinforced if a particularly controversial or contentious case is expected.
Gardaí maintain a much larger presence in the Criminal Courts of Justice, which handle criminal cases.
Speaking to The Irish Times, Mr Justice Barniville said that a result of rising hostility in the courts has been an increase in threats to judicial security in recent years. Citing one example, he said a judge recently was left shaken after a group of “organised” lay litigants “jostled” them while walking through the Four Courts complex.
In his notice on Thursday, Mr Justice Barnville outlined several options open to judges to deal with such incidents, and warned that those who engage in this behaviour risk facing civil contempt of court proceedings, or criminal prosecution.
Mr Justice David Barniville said disruptive conduct threatens the operation of the courts. Photograph: Nick Bradshaw
Laying out possible examples of such conduct, the president cited actual, attempted or threatened assaults of judges or other persons in court; physical resistance to members of An Garda Síochána who are carrying out a direction of the court; recording video or audio in court; and the use of abusive or threatening language towards a judge or others in court.
He outlined different measures open to a judge when faced with disruptive conduct, including restricting a person from attending court in person and restricting a litigant communicating with the court and court staff.
A judge may also direct Garda members to direct a litigant’s removal from court, using necessary force if necessary, Mr Justice Barniville said.
The objective of taking such steps is to ensure that “all proceedings are conducted fairly, safely and efficiently, while protecting the rights of all participants”, he said.
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Mr Justice Barniville said disruptive conduct threatens the operation of the courts, and the safety and welfare of judges, court staff, lawyers and litigants alike.
“The court has a duty to protect the integrity of proceedings and ensure the proper administration of justice and the safety of all those involved in the courts system. If public confidence in the administration of justice is to be maintained, it is paramount that the authority of the court is respected,” he said.
