Grief and sadness over death of respected judge

An atmosphere of grief and sadness pervaded  in the  community of Nenagh and in the legal profession throughout County Tipperary in recent days following the untimely death of local District Court judge, Elizabeth MacGrath.

Judge MacGrath (65), who passed away on Wednesday last July 3 after a brief illness, had served for twelve years as the permanent judge in the District Court No.8 area, which encompassed her native Nenagh as well as Thurles and Tipperary Town.

Testament to her huge popularity as a former solicitor and as a compassionate and caring judge, a friend and colleague, was borne out by the large crowds that attended her funeral ceremonies on Sunday and Monday last in Dromineer and Nenagh.

Her passing was made all the more poignant due to its untimeliness and swiftness - coming just a month after she had taken sick leave.

Since her death, people who worked with her have been speaking of her professionalism and caring approach and the principled way she carried out her role on the bench.

Over her lifetime she formed firm bonds with so many people in the legal profession and Courts Service who warmed to her integrity.

Married to Charles Stanley Smith, a former Chairman of An Taisce, she was formally Judge Elizabeth McGrath. But to those closest to her - and indeed to many local defendants, particularly the many who who benefited from her innate leniency  - she was simply, Liz.

Last Friday’s sitting of Nenagh District Court presented the saddest of scenes as judges, barristers, solicitors, staff from the Courts Service, the Prison Service and members of An Garda Síochána gathered to pay tribute in the chamber where Judge MacGrath had herself sat on the bench as the permanent local judge since 2012.

Among those present was the local Circuit Court judge Catherine Staines who recalled that, as a former solicitor herself, Judge MacGrath was the first person to offer her a job.

She described her as a good friend and someone who was wonderful to work with - a person who was full committed and totally dedicated to her clients.

Judge Staines recalled the late judge’s appointment to the judiciary in 2007 and how she worked as a travelling judge for a number of years before being “delighted” to be appointed permanent judge in her home town of Nenagh.

She said Judge MacGrath was a person who had deep compassion and a great understanding of the people who appeared before her in court. Outside of her job she was someone who always had a smile for everybody and loved to joke.

DEEPLY SHOCKED

Bernadette Greene, President of the Tipperary Solicitors’ Bar Association, said everyone in the legal profession was deeply shocked and saddened to learn of the passing of Judge MacGrath.

Every solicitor from the extreme south of the county to the furthest point north were lost for words. It had been a privilege to work at court sittings over which she presided.

Ms Greene recalled how Judge MacGrath had spent approximately five years after her appointment to the judiciary presiding in district courts around the country, before  being appointed to District Court No 8 in 2012.

She was someone who had served the District Court with distinction. She had a phenomenal work ethic, a deep knowledge of the law and administered justice with fairness and compassion. She was a wonderful mentor to everyone who worked in the Court Service and to all young practitioners who came to her courts.

DEAR FRIEND

Nenagh solicitor Mariea Flanagan said it was one of the most difficult days she ever experienced, having to stand up to address the court and pay tribute to her dear friend Judge MacGrath.

It was so sad that she did not reach her retirement day, to be alive and to hear all the words of love and appreciation that people who worked alongside her had for her. Yet, Judge MacGrath was someone who did not seek the limelight and would be embarrassed by all the nice things people were saying.

Ms Flanagan said her late friend embraced all the qualities of a good judge and threated everyone equally. Like her grandfather, a solicitor, and her late father, who was also a justice of the District Court, the law was in her DNA. She loved law and she used her great knowledge of it to benefit society.

Describing Judge MacGrath as “one of the good ones”, Ms Flanagan pointed out that she was the first female solicitor to open her own practice in Nenagh. She used to confide that she was never in the job for money. She was a good colleague and would be missed greatly.

AN EXCEPTIONAL JUDGE

Barrister Kenny Kerins, speaking on behalf of the Bar Association, described her as an exceptional judge who had an exceptional knowledge of the law. She was a woman of great patience, and she ensured that every defendant who appeared before her received a fair hearing, even if that meant working on in her courts until very late in the evening.

Mr Kerins said a distinction she held as a judge was that she was loved by all of those working in her courts and her legacy would live on for years. She was a great champion of the Restorative Justice System operating in her court area, a scheme aimed at giving first time offenders a second chance.

Tommy Mockler, one of the court clerks who worked with her for years, described Judge MacGrath as the cornerstone of the court office in Nenagh. She was someone you could turn to if you had any problem, and she was extremely patient and helpful to all new staff entering the Court Service. Everyone who appeared before her in court always got a fair chance and she was a true lady.

Speaking on behalf of the local court reporters, Peter Gleeson said he knew Judge MacGrath from the time they were both children growing up in the town in the 1960s. He described her as a lovely, gentle, kind and unassuming person. She was someone who was full of integrity and was both compassionate and caring.

Others who paid tributes included Judge Cephas Power, who was presiding in court in Nenagh last Friday, along with Acting Tipperary State Solicitor Paul Fitzgerald and Nenagh Garda Superintendent Alan Cullen.

Everyone present extended their sympathy to Judge MacGrath’s husband Charles and her brothers and sisters and extended family.