IRISH judges want a change of address. After years of being referred to as “your lordship”, “your honour” and “your worship” by respectful lawyers, they are insisting that henceforth they be called, simply, Judge.

Last week a courts rules committee, chaired by chief justice John Murray, voted to abolish the use of British titles in Irish courtrooms.

Their proposed amendment to the rules has been sent to Michael McDowell, the justice minister, who is expected to sign it into law this week. The change will come into effect after the Easter recess.

Barristers were surprised by the revelation yesterday and said the new title will take some getting used to. They believe it will be another two or three years before plain old Judge comes into common usage.

The change is further evidence of perestroika at the Four Courts. Last month barristers also voted to reform their profession, including allowing members of the public to hire them directly in certain cases.

Once the latest change is made, the Rules of the Superior Courts (Mode of Address of Judges) 2006 will read: “In future, judges of the Supreme Court and High Court will be addressed in court as ‘A Bhreithimh’ in Irish, or as ‘Judge’ in English.”

Panels of judges in higher courts, currently addressed as “your lordships”, will henceforth be simply “the court” or “a chuirt”. Outside the courtoom, the rule states that judges should still be referred to as the Honourable Mister Justice, and the Honourable Mrs or Miss Justice, followed by their surnames.

Since the 1150s, when Henry II introduced the common law system empowering judges to dispense justice on behalf of the king, commoners have been required to treat them as nobles, and deploy a host of titles such as “my lord”.

Despite attempts to abolish the practice in Ireland after independence in 1922, it has clung on. In fact, the new rule has existed since 1961 but the Irish courts refused to adopt it in practice. This was despite the fact that Article 40 of the Irish constitution says “titles of nobility shall not be conferred by the state” and no title of nobility or honour may be accepted by any citizen.

Upon his appointment in 1924 the first Irish chief justice, Hugh Kennedy, asked the Dail to scrap judges’ titles, but the request was refused. Kennedy also proposed new designs of wigs and gowns for the judiciary but they were also turned down.

In 1961, when the Dail finally established the court system, the law stated that judges were to be addressed simply by their title and name, yet the honorifics persisted.

In the 1980s, the appointment of the late Justice Mella Carroll as the first female High Court judge prompted widespread confusion among barristers as to whether to refer to her as “your ladyship” or “your lordship”. Carroll insisted on being called Judge.

Now, more than four decades since traditional titles were made optional, they are set to be abolished.“It will have the effect of modernising the mode of address in court as well as adopting a mode of address which is more appropriate for men and women equally,” said the Courts Service.

Ken Murphy, director of the Law Society, welcomed the change. “The committee hadn’t told us they were doing this, but the overwhelming majority of solicitors will welcome it unreservedly,” he said. We
published an article in the Law Society Gazette 18 months ago calling for exactly such a change. This is a very positive and welcome move, something more appropriate to a 21st century Ireland than 18th century Ireland.”

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