Court Officers

Court Offices

The Court Officers Act, 1926, modernized and re-established certain existing offices and reformed the court service. Court officers and agents are appointed by the State and are, in effect, public servants.

The organisation of court’s business is formally under the control of the judge of the relevant court. The relevant court office acts under the general direction of the judge and subject to his specific directions.

The Master of the High Court, Taxing-Masters and other senior officers such as Registrars are appointed by the Government and hold office at their pleasure. However, no principal officer or other officer nominated to be a Registrar of the High Court, is to be removed without the consent of the Chief Justice and President of the High Court. The Master of the High Court and Taxing Masters retire at the age of 70.

The Probate Office is established under the management of the Probate Officer, who takes over the prior functions of that role.

The legislation established the Bankruptcy Office. There is a special Registrar in Bankruptcy. The official assignee is an officer in whom vests the assets of a person on being adjudicated bankrupt.

The examiner has a quasi-judicial role in bankruptcy and other certain matters, including the enforcement of the court judgments.

Accountant’s Office

An Accountant’s Office is established to hold and account for court funds. The legislation establishes funds for suitors’ accounts. The investments of dormant accounts of funds of suitors may be realised and disposed of, subject to following certain rigorous procedures.

The sums may be used towards defraying the cost of providing, managing, and maintaining court buildings. Where funds are paid out following the procedures, and they are ultimately reclaimed by the person entitled to them, the Minister for Finance indemnifies the financial institutions.

The accountant establishes a register of suitors’ funds in the High Court. This register includes details of the proceedings concerned, names of parties, ledger account number, date of payment into the dormant account, and account number of special accounts.

Qualification

The Examiner is to be a barrister or solicitor of 12-year standing. After consultation with the President of the High Court, he is appointed by the Minister for Justice. The same criteria apply to a Taxing Officer.

Where there is a vacancy or the holder of an office in a court is absent or incapacitated, the Minister may require or authorised another officer to perform his functions during the relevant period.

Central Office

The High Court is managed and administered through the Central Office, with the support of the Courts Services. It deals with the administrative side of side courts, including the issue of summonses, the filing of motions and pleadings and the drawing up and issuing of orders. It also keeps the records and files of cases.

Registrars

The rules provide for appointments of Registrars of the Supreme Courts and High Courts.

The Registrars sit with their judges generally in front of them. They administer oaths, assist the judge, keep notes of the key matters on proceedings and draw up and perfect orders. They are the point of liaison between the judge and the court offices. They liaise with the party’s legal advisors where necessary, such as in relation to the issue of court orders on foot of the judges’ decision.

There is High Court Registrar who sits with each High Court judge. A Supreme Court Registrar sits with the Supreme Court. A Court of Appeal Registrar sits with the Court of Appeal. The County Registrar or deputy is the registrar at Circuit Court level. The District Court Clerk is the District Court Registrar.

Registrars keep the files of cases pending before the court. They write up minute books, keep records, formalise the orders. They take up the file from the relevant court offices, so that they are in court and are updated during proceedings and steps in proceedings such as motions.

County Registrars

The Circuit Court Office provides the same functions for the Circuit Court. The business of the Circuit Court Office is under the management of a County Registrar. There is provision for the appointment of Deputy County Registrars.

County Registrars are appointed by the Government and hold office at their pleasure. A County Registrar must be a solicitor or barrister of at least 8 years standing. A range of quasi-judicial functions have been conferred on County Registrars as set out in other chapters.

The 1995 legislation gave increased powers to the Master of the High Court and in particular to the County Registrar. These matters are set out in the sections on the Circuit Court.

Appointment of Deputy Master

No person shall be appointed to be a Deputy Master of the High Court unless at the time of his or her appointment he or she—

possesses the qualifications required by Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 for appointment as Master of the High Court,
is a member of the staff of the Courts Service who is serving or has served in an office or offices and who— is— a qualified barrister within the meaning of section 2(1) of the Legal Services Regulation Act 2015, o ra person who has been admitted as a solicitor and whose name is on the roll of solicitors (which shall be construed in accordance with section 9 of the Solicitors Act 1954),
at any time prior to his or her appointment as Deputy Master has been employed for a period of not less than nine years, or for periods together totalling not less than nine years, in an office or offices established under Part I of this Act,
(c) is a member of the staff of the Courts Service who holds such other qualification or qualifications as the Courts Service, with the consent of the President of the High Court, determines to be appropriate for such appointment.”.

Cessation of Office

The Master of the High Court shall cease to hold office if he or she is—

convicted on indictment of an offence,
convicted of an offence involving fraud or dishonesty, or
sentenced to a term of imprisonment by a court of competent jurisdiction.

The Government may, in accordance with this section, remove the Master of the High Court from office if—

in the opinion of the Government, he or she has become incapable, through ill-health or otherwise, of performing the functions of the office,
in the opinion of the Government, he or she has failed without reasonable cause to perform the functions of the office for a continuous period of at least 3 months, or
he or she has engaged in serious misconduct.

In considering whether to remove the Master of the High Court from office the Government shall take into account any representations made by the Master of the High any other matter the Government consider relevant for the purpose of their decision.

County Registrar shall cease to hold office if he or she is—

convicted on indictment of an offence,
convict
ed of an offence involving fraud or dishonesty, or
sentenced to a term of imprisonment by a court of competent jurisdiction.

Cessation of County Registrar

The Government may, in accordance with this section, remove a County Registrar from office if—

in the opinion of the Government, he or she has become incapable, through ill-health or otherwise, of performing the functions of the office,
in the opinion of the Government, he or she has failed without reasonable cause to perform the functions of the office for a continuous period of at least 3 months, or
he or she has engaged in serious misconduct.

A person who holds or held the office of Master of the High Court, Chief Legal Costs Adjudicator, Legal Costs Adjudicator or county registrar ceases to hold that office and attains the age of sixty-five years, or ceases to hold that office having been removed from office under the applicable provisions

District Court Offices

The District Court Office performs similar functions in respect of the District Court. There are a number of District Court Offices throughout the country.

The organisation of Districts and Circuits are prescribed by statutory instrument by the Minister for Justice.

The High Court Registrars, County Registrar and District Court Clerk have the functions that their predecessors (under the UK) had and those prescribed by Rules of Court.

Sheriff

Sheriffs and Under Sheriffs are appointed in Counties and County Boroughs. In practice, the offices have been vacant outside of Dublin and Cork City. The County Registrar’s undertake the functions of Sheriffs throughout most of the country. The County Registrar’s Office undertake and organises the execution of judgment.

The Government may appoint Sheriffs and Under-Sheriffs. It may specify their duties. may transfer its functions from the County Registrar to the Sheriff. The Minister for Justice may, on the office of a Sheriff becoming vacant, provide that the powers are to be vested in the County Registrar.

A person may not be appointed Sheriff unless he is a barrister or solicitor of five year standing or has acted as a managing clerk or principal assistant to a Sheriff or Under-Sheriff for five years. The office is non-pensionable and is held at the will and pleasure of the Government. The retirement age is 70.

Centralised Office

A Centralised court office” means a court office designated under section 94;

“court office” has the same meaning as it has in section 13 of the Courts and Court Officers Act 2009;

Notwithstanding any other enactment, the 2023 Act provides that Courts Service may designate any court office as a centralised court office.The Courts Service shall, in designating a centralised court office specify—

the business of each court office that may be transacted either in the centralised court office or that court office, or shall be transacted in the centralised court office only, and
the date from which such business may or shall, as the case may be, be transacted in the centralised court office concerned.

Designation

The Courts Service shall, as soon as may be after—

a centralised court office is designated and business specified in relation thereto,
the specified business of a centralised court office is varied, or
the designation of a centralised court office is revoked,

publish notice of the designation, the business so specified or varied, or the revocation, as the case may be, in Iris Oifigiúil, but failure to so publish shall not affect the validity of the designation, specification, variation or revocation concerned.

The Courts Service, at any time after designating a centralised court office may vary the business that may or shall be transacted in the centralised court office, or revoke the designation.

Consultations

The Courts Service shall consult with the Chief Justice prior to—

designating an office attached to the Supreme Court as a centralised court office
specifying business that would otherwise be transacted in an office attached to the Supreme Court,
varying a specified business that would otherwise be transacted in an office attached to the Supreme Court, or
revoking the designation of an office attached to the Supreme Court as a centralised court

Similar provisions require consultation with the Presidents of the Court of Appeal, the High Court, the Circuit Court and the District Courts in relation to the designation of offices attached to the relevant level of court as a centralised court office

Centralised Court Office Powers and Functions

Wher specified business may or shall be transacted in a centralised court office, for the purposes of such a transaction in the centralised court office, the following shall apply:

that centralised court office is deemed to be the court office in which the business would, in the absence of its specification as specified business, require to be transacted;
the members of staff of the Courts Service employed in that centralised court office are deemed to be officers attached to that court office;
any reference in an enactment to that court office or to an officer or member of staff of that court office shall, save where the context otherwise requires, be deemed to include that centralised court office or an officer or member of staff of that centralised court office, as the case may be.

Staff of Centralised Court Office

There shall be employed in a centralised court office such and so many members of the staff of the Courts Service as the Courts Service shall from time to time determine.

The Courts Service may, notwithstanding any other provision of any enactment, appoint any member of staff of the Courts Service employed in a centralised court as a district court clerk for such one or more district court areas in respect of which business to be transacted by a district court clerk assigned to such district court area has been specified for transaction in the centralised court office.

The continuity of the administration of justice is not to be interrupted by any such designation, specification or variation of the business that may or shall be transacted in a centralised court office.

Civil or criminal proceedings shall not lie in any court against the Courts Service, a member of staff of a court office or any other member of staff of the Courts Service in respect of anything said or done in good faith by the Courts Service or such a member of staff in the course of the performance or purported performance of a function of the Courts Service or such a member of staff.

Electronic Registers

The Chief Executive Officer of the Courts Service may, where he or she considers it appropriate, having regard to the benefit of information being made available to the public in an electronic form and the capacity for a register to be maintained in such form, issue a direction in writing that the register shall be maintained in electronic form. A direction shall be published on the website of the Courts Service, but failure to so publish shall not affect the validity of the direction concerned.

A “register” means a register, howsoever called, maintained by a court office by, under, or in accordance with any enactment, and includes—

the register of judgments maintained for the purposes of the Judgements (Ireland) Act 1844,
the Register of Licenses within the meaning of section 16 of the Licensing Act (Ireland) 1874,
the register of instruments maintained under section 10 of the Powers of Attorney Act 1996, and
the register of lis pendens affecting land maintained under section 121 of the Land and Conveyancing Law Reform Act 2009.