New law removes potential obstacle to formal complaints about judges’ conduct of family law cases

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New law removes potential obstacle to formal complaints about judges’ conduct of family law cases
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Statutory instrument signed by Minister concerns release of documents and information to complainants

It is understood people who had made formal complaints against judges over the conduct of family law proceedings were informed of the amendment by the registrar of the council’s Judicial Conduct Committee , Kevin O’Neill, in letters sent last week.

Mr Justice Barrett held there was “nothing” in section 40 “that varies or removes” the traditional rule as regards obtaining prior leave of the courts when it comes to the disclosure to third parties of documents, information or evidence generated in, garnered or gleaned from in-camera proceedings. The man ultimately made a complaint to An Garda Síochána, who were also shown some of the in-camera material without court permission. Related complaints were made by him to other entities, including the DPP, Legal Services Regulatory Authority and the Judicial Council.

The judge rejected the man’s contention section 40 effectively gave him a largely untrammelled right to disseminate material from in-camera proceedings without prior leave of the court.

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