‘Huge void’ in Midlands Circuit as Judge Fergus hangs up judicial robe

Jessica Thompson

Fairness, empathy and a strong work ethic were some of the many glowing terms used to describe Judge Karen Fergus last Friday afternoon when judges, barristers and legal practitioners gathered to mark the end of an era for the Midlands Circuit Court.

Sitting for the last time in Mullingar, and surrounded by colleagues, friends and family members, with many more attending online, Judge Fergus received a number of touching tributes, before she hung up her judicial robes to embark on a well-deserved retirement.

Alongside her colleagues, Judge Keenan Johnson and Judge Kenneth Connolly, Judge Fergus has presided over cases in the Midlands Circuit, which includes Westmeath as well as counties Laois, Longford, Offaly, Roscommon and Sligo.

Opening the speeches, Judge Johnson noted that the scale of attendance was “testament to the high esteem and affection in which Karen is held, not only by the bar and solicitors profession, but also by her judicial colleagues, court staff and, indeed, litigants who have appeared before her”.

Judge Fergus began her legal career later than many, he said, as she returned to education in her late 20s as a mature student after having two of her children. Her third child was born while she was undertaking those studies.

She studied law at UCD and was called to the Bar in 1991 and her early career demonstrated “her capacity for hard work by juggling the demands of motherhood with her studies”.

She quickly established a strong reputation and was known for “her warm and engaging personality, together with her practical, no-nonsense approach to problem solving”, Judge Johnson said, adding that clients who had her acting for them “were assured of an extremely professional, caring and empathetic service”.

Before her appointment to the bench, Judge Fergus worked on major tribunals, including the Hepatitis C Tribunal, which she later chaired, and the Commission to Inquire into Child Abuse, something of which she said she was “immensely proud”.

She was appointed to the Circuit Court in November 2014 and became a permanent judge on the Midlands Circuit in 2017, where she took responsibility for civil, criminal and family law lists across multiple venues – something Judge Johnson described as “an extremely onerous undertaking”, particularly in the area of family law, where “emotions run high”.

“This is a difficult balancing act, which Judge Fergus managed to accomplish in an effective, understated, respectful and non-competitive way,” said Judge Johnson.

“Her court management and adjudication is a template of how a good judge should operate. In the areas of civil law, she proved herself to be extremely competent and knowledgeable as a judge.

“She has all the attributes of a good judge – impartiality, good knowledge of the law, respect for all parties and their legal representatives, patience, courtesy, empathy, kindness and firmness when the situation demands it,” he said.

“Her capacity to address complex legal issues and to keep herself updated in respect of all legal developments contributes immeasurably to the outstanding quality of a judge in such decisions.

“She was extremely proactive in ensuring that cases were heard in a timely fashion and, as a result, there are no backlogs of cases in any of the venues where she presided, which is a remarkable achievement given the large number of cases she had to deal with.

“I can see her retirement being perpetually busy because she has such a zest for life. Retirement for Karen is not the end, but rather the opening of a new, exciting chapter in what has to date been an extremely rewarding and fulfilling career and life.

“Her retirement leaves a huge void in the Midlands Circuit,” Judge Johnson added.

Former Court of Appeal president, Judge George Birmingham, who was Judge Fergus’s pupil master, came out of his retirement to attend the proceedings and began his tribute, as any counsel would, with “may please the court” before reflecting on her early years at the Bar, and the qualities that were evident from the outset.

He told those gathered in the courtroom that, although he initially approached taking on a pupil with some hesitation, it quickly became clear that “it wasn’t a question of what I would teach Karen, but what I would learn from Karen”.

He credited her with exceptional organisational skills, noting that she was “one of the very first people in the law library to really, enthusiastically embrace technology” at a time when such practices were not common.

Further tributes were paid in court by Judge Tara Burns, president of the Association of Judges in Ireland; Brídín Concannon, county registrar for Westmeath County Council; Will Fennelly on behalf of the Midland Bar; Peter Jones, president of the Midland Bar Association; Superintendent Bláithín Moran on behalf of An Garda Síochána; and Margaret O’Rafferty for the Court Service.

Addressing the court herself, Judge Fergus reflected on the decision that led her to study law, recalling a moment in 1984 when a dinner party guest believed that only university graduates could express opinions outside domestic matters.

“Needless to say, I was pretty annoyed. I had some regrets at not having gone to college,” she said and, when she expressed that regret to her husband, Sean, they came to the conclusion that there was nothing stopping her from going then.

She spoke candidly about the realities of judicial office, telling the court: “Every judge knows that the hardest cases are not the ones with easy answers, but the ones where the law is clear and the outcome is painful.

“Every person who walks into a courtroom deserves to be heard, to be treated with dignity and to leave knowing that their case was decided fairly and thoughtfully.”

She paid tribute to the court staff across the Midlands Circuit, whom she described as “the heartbeat of the courts”, and thanked her colleagues, assistant, legal practitioners and family for their support.

In her closing remarks, and before an extended round of applause which saw all attendees rise to their feet, she said retirement would not end her commitment to public service: “Those values are not tied to a title or a position. They are part of who I am, and they will remain with me in whatever chapter comes next.”