Administrative Law 2: The Judiciary

Constitutional Basis of the Irish Judiciary\n- Art. $34.1$: Justice is administered in Courts established by law by judges appointed per the Constitution.\n- Art. $35.1$: Judges are appointed by the President.\n- Art. $13.9$: The President acts on the advice of the Government regarding these appointments.\n\n# Judicial Appointment Bodies\n- Judicial Appointmens Advisory Board (JAAB):\n - Established under the Courts and Court Officers Act $1995$.\n - Section $13$ composition: Up to $11$ members, including the Chief Justice, $4$ Court Presidents, Attorney General (AG), and nominees from the Bar Association and Law Society.\n - Function: Assessing eligibility and submitting recommendations to the government.\n - Serving judges seeking elevation may express interest to the Minister via the AG rather than the JAAB.\n- Judicial Appointments Commission (JAC) Bill 2020:\n - Proposed $9$ member Board ($4$ lay members, Chief Justice, AG, etc.).\n - Centralizes applications for both serving and non-serving judges.\n- Official Record: All judicial appointments are published in Iris Oifiguil.\n\n# Eligibility and Retirement\n- Experience Requirements (Courts and Courts officers Act 2002):\n - Supreme and High Court: Minimum $12$ years as a barrister or solicitor, or $4$ years as a Circuit Court judge.\n - Circuit and District Court: Minimum $10$ years experience.\n- Retirement Ages:\n - Supreme and High Court: $70$ years.\n - Circuit and District Court: $65$ years.\n - The State (Walsh) v. Murphy [1981] 1IR275: A conviction was set aside because the judge was past retirement age.\n\n# Protection of Judicial Independence\n- Constitutional Provisions:\n - Art. $34.5.1$: Judges must declare to execute office \"without fear or favor, affection or ill-will\".\n - Art. $35.2$: Guarantees all judges shall be independent.\n - Art. $35.3$: Prohibits judges from being members of the Oireachtas or holding any other paid position.\n - Art. $35.4$ (Security of Office): A judge can only be removed by the President for \"misbehaviour or incapacity\" following a resolution by both houses of the Oireachtas (Impeachment).\n - Art. $35.5$ (Pay): Judicial pay cannot be reduced, except per the $2011$ amendment which allows reductions in the \"public interest\".\n- Common Law Protections:\n - Immunity from Suit: Confirmed in McIlwraith v. Fawsitt 1990 1IR 343; judges are immune from claims regarding acts or omissions in court.\n - Contempt of Court: Arrest and prosecution for interference or disrespect toward a judge.\n\n# Bias and Conduct Review\n- Appearance of Bias:\n - Dublin Wellwoman Centre Ltd. v. Ireland [1995] 1ILRM: Carroll J. was disqualified for previously chairing a commission related to the case topic.\n - Kenny v. Trinity College [2008] 2 IR 40: Decision overturned due to a judge's brother being a partner in a related firm.\n- Conduct Supervision:\n - Chief Justice may interview District Court judges under Section $10(4)$ of the Courts Supplemental Provisions Act $1961$ if conduct brings justice into disrepute.\n - The President of the District Court may investigate a colleague and report to the Minister for Justice Equality and Law Reform.\n\n# Termination of Appointment\n- Methods: Retirement, Resignation, or Impeachment.\n- Notable Resignations:\n - The Sheedy Affair: O’Flahery J. SC resigned after intervening in a prison sentence.\n - Brian Curtin: Resigned after losing a Supreme Court challenge against Oireachtas impeachment proceedings.