In contrast, the Bar Council had passed a controversial resolution in June 1920 declaring it professional misconduct for barristers to appear before Sinn Féin courts. Nonetheless, barristers appeared before the Dáil Courts and the subsequent winding-up commission, including John A Costello and Michael Comyn. Is there any further detail

Yes, there are additional historical details available on the Bar Council’s resolution, the broader context of the Dáil Courts (also known as Republican or Sinn Féin Courts), the winding-up process, and the barristers who appeared despite the prohibition, including John A. Costello and Michael Comyn. I’ll outline these below, drawing from contemporary accounts, legal histories, and biographical sources.

The Bar Council Resolution and Its Controversy

The resolution was formally passed on June 24, 1920, at a “very largely attended” meeting of the Bar Council in Dublin. It explicitly stated that “it is professional misconduct on the part of any member of the Bar to appear before such tribunals” (referring to Sinn Féin Arbitration Courts), and that any barrister found doing so would be reported to the Benchers for sanctions.

This contrasted sharply with the stance of the Incorporated Law Society of Ireland, which chose not to interfere with solicitors appearing in these courts, arguing it was in their clients’ best interests.

2 sourcesThe decision sparked immediate backlash within the legal profession and press:

• Maurice Healy KC wrote a letter to the Irish Independent (published June 28, 1920), arguing that barristers had a right to appear before any tribunal and act as arbitrators, comparing it unfavorably to the lack of objections during the 1913 Home Rule agitation in Ulster.
• Serjeant McSweeney KC criticized it in The Freeman’s Journal (July 3, 1920) as a threat to barristers’ livelihoods, noting the resolution wasn’t yet formally in force since it hadn’t been posted in the Law Library.
• The Londonderry Sentinel dismissed it as unnecessary, claiming no “decent counsel” would associate with such courts, while acknowledging the practical collapse of official British courts in much of Ireland.
• On July 7, 1920, an informal meeting of the Leinster Circuit resolved that barristers, if instructed by a solicitor, were entitled to appear before any Dáil Court.
• By November 5, 1920, about 70 barristers convened a large meeting in the Law Library, where Tim Healy KC argued the resolution was ultra vires (beyond the Bar Council’s authority), as only the Benchers could judge members’ conduct. The meeting adjourned indefinitely amid applause, with the general understanding that the resolution was effectively nullified. 2 sources

This reflects the tensions during the Irish War of Independence (1919–1921), where the British legal system was collapsing due to IRA actions like destroying court premises and threatening litigants, leading many to turn to the alternative Dáil system for justice.

Barristers Who Appeared Despite the ResolutionSeveral barristers defied the resolution, lending credibility to the Dáil Courts. Notable examples include:

• John A. Costello: He later claimed in a newspaper interview (circa 1970s) that he was “found guilty of ‘professional misconduct'” for appearing in Sinn Féin courts, adding, “I appeared in them and I had a row with the Bar Council over it… and I had many good men in company with me, some very eminent men.” However, biographical records indicate no evidence of his involvement in the initial Dáil Courts (pre-July 1921 Truce); his appearances likely occurred post-Truce, when the courts were more established and less risky. He also appeared before the subsequent winding-up commission.
• Michael Comyn KC: A staunch Republican, Comyn defied the resolution by participating in the Dáil Courts, where his senior status as King’s Counsel likely involved appearances in higher-tier courts (e.g., District or Supreme Courts) handling civil disputes like property and contracts. His involvement helped legitimize the system in republican-controlled areas. He also served on the winding-up commission, advising on unresolved cases to integrate them into the Irish Free State’s legal framework. 2 sources
• Others: Kevin O’Shiel BL presided over a landlord-tenant dispute in Ballinrobe, Co. Mayo. Diarmuid Crowley, a barrister and Dáil Circuit Court judge, was arrested on November 12, 1920, after presiding in Ballina. Tim Healy KC and others indirectly supported defiance through their criticisms.

No widespread sanctions are documented, likely due to the resolution’s contested validity and the political upheaval.

Broader Context on the Dáil Courts

The Dáil Courts evolved from ad hoc Sinn Féin Arbitration Courts (authorized in June 1919) into a formalized system via a Dáil decree on June 29, 1920, amid land agitation and the War of Independence.

They included:

• Parish and District Courts: Mostly lay adjudicators, elected locally; women like Jennie Wyse Power served as judges.
• Circuit and Supreme Courts: Legally qualified judges; sittings in makeshift venues (e.g., schools, barns) protected by IRA units. They gained respect for fair hearings, collapsing the British system by mid-1921. Solicitors were crucial, briefing barristers and handling cases, with the Law Society defending their participation.

The Winding-Up Commission

Post-Anglo-Irish Treaty (December 1921), the Dáil Courts were disestablished amid the Civil War. A decree rescinded them in August 1922 (initially in Dublin, fully by October).

The Dáil Éireann Courts (Winding-Up) Act 1923 (amended 1924) created a statutory commission at Dublin Castle to resolve pending claims, appeals, and enforcement.

Led initially by James Creed Meredith (former Dáil Supreme Court president), it handled reopenings where defendants had boycotted British courts. By 1925, its powers transferred to the High Court of the Irish Free State.

Records survive in Ireland’s National Archives, showing widespread societal reliance on the system.

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