Courts

Decision not to replace court ushers ‘profoundly misunderstood’ role, says High Court judge

Mr Justice Mark Sanfey was speaking on the retirement of his usher, Ian Barclay, who started in the job in 2006

Ian Barclay, who has retired as a court usher, at the Four Courts in Dublin. Photograph: Dara Mac Dónaill
Ian Barclay, who has retired as a court usher, at the Four Courts in Dublin. Photograph: Dara Mac Dónaill
Fri Nov 01 2024 - 19:14

A High Court judge has said the decision in 2012 not to replace judges’ ushers had “profoundly misunderstood” their role in the legal system as some courts cannot do without them.

Mr Justice Mark Sanfey was speaking on the retirement of his usher, Ian Barclay, who started in the job in 2006 after a career in An Post.

The role of the usher has been gradually replaced by judicial assistants who have obtained a law degree and usually go on to be lawyers after a three-year contract. However, there remain a number of ushers who will stay until retirement.

Mr Barclay has been the usher in what is known as the High Court’s “chancery list” in courtroom number three – the main court for dealing with emergency applications such as injunctions – throughout his time in the Courts Service.

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Mr Justice Sanfey, who is head of the chancery court, said Mr Barclay was usher to four successive judges who were in charge of chancery. The court had a very busy list and had a particularly high proportion of unrepresented, or lay, litigants.

Mr Barclay provided a vital liaison between the court and lawyers and litigants and was particularly important when it came to assisting lay litigants, especially in bringing a level of calm for them in what are often unfamiliar surroundings, the judge said. The usher was also important in knowing “when things were about to get lively” and would inform the judge.

However, the judge said it was his view that the 2012 decision not to replace judges’ ushers “profoundly misunderstood the role of the usher”.

He said: “Nobody would say every court needs an usher but there are courts that cannot do without them.” The presence of Mr Barclay in his court “has been invaluable to me and predecessors and several judges contacted me and asked to be associated with these remarks”.

The judge wished Mr Barclay and his family well in his retirement and noted his long involvement in the Football Association of Ireland, especially as a League of Ireland match delegate and Shamrock Rovers supporter.

“Next time you are a delegate in Dalymount give me a shout and we will go for a pint,” he added.