Judicial Appointments Advisory Board Phoenix House 15 - 24 Phoenix Street North Smithfield Dublin 7 Phone: (01) 888 6228 Fax: (01) 888 6470 Judicial Appointments Advisory Board Annual Report 2002 Judicial Appointments Advisory Board Annual Report 2002 *10th April – 31st December * The date of the passing of the Courts and Court Officers Act, 2002. Contents Page 1 Introduction 5 2 Applications / Appointments 11 2.1 Supreme Court 12 2.2 High Court 13 2.3 Circuit Court 16 2.4 District Court 18 2.5 Summary 20 3 Conclusions and Recommendations 23 Appendices I Rules / Procedures of the Judicial Appointments Advisory Board 26 II Numbers of applications received 1995 – 2001 30 1. Introduction The Hon. Mr. Justice The Hon. Mr. Justice Ronan Keane Joseph Finnegan Chief Justice President of the Chairperson of the Board High Court The Hon. Mr. Justice His Honour Judge Esmond Smyth Peter Smithwick President of the President of the Circuit Court District Court Mr. Rory Brady S.C. Mr. Conor Maguire S.C. Attorney General Bar Council Nominee Mr. Laurence K. Shields Ms. Olive Braiden Solicitor Appointed by the Minister Law Society Nominee for Justice, Equality and Law Reform Mr. John Coyle Mr. Tadhg O’Donoghue Appointed by the Minister Appointed by the Minister for Justice, Equality and for Justice, Equality and Law Reform Law Reform Mr. Brendan Ryan B.L. Secretary to the Board 5 The Judicial Appointments Advisory Board period not exceeding three years and any such inform the Board in writing and to provide the Where more than one judicial office in the same (hereafter the ‘Board’) was established pursuant persons so appointed shall be eligible for re- Board with such information as it may require to court stands vacant or in advance of more that to the Courts and Court Officers Act, 1995 appointment to the Board. enable it to consider the suitability of that one vacancy arising in the same court, the (hereafter the ‘Act’). The purpose of the Board person for judicial office, including information Board shall recommend at least seven persons is to identify persons and inform the The Act (Section 14) enables the Board to relating to education, professional qualification, in respect of each vacancy or such lesser Government of the suitability of those persons adopt such procedures as it thinks fit to carry experience and character. To assist the Board number of names as the Minister specifies, for appointment to judicial office. out its functions and, in the exercise of that in this regard the applicants are required to following consultation with the Board. power, the Board has adopted rules and complete a detailed application form which The Board consists of (Section 13): procedures which are contained in Appendix I includes questions on their practice, their Section 16 of the Act goes on to require the G the Chief Justice, who is Chairperson of to this Report. They also have power to appoint professional qualifications, education, character Government when advising the President in the Board; sub-committees to assist them and may: etc., and are also required to outline on their relation to the appointment of a person to a G the President of the High Court; application form why they consider themselves judicial office to first consider persons who G the President of the Circuit Court; G advertise for applications for judicial suitable for appointment to judicial office. have been recommended by the Board. When G the President of the District Court; appointment; a person is appointed on a recommendation by G the Attorney General; G require applicants to complete application This section goes on to provide that where a the Board, notice of that fact shall be published G a practising barrister who is nominated forms; judicial office stands vacant or before a vacancy in Iris Oifigiúil. by the Chairman for the time being of G consult persons concerning the suitability in a judicial office arises, the Board, at the the Council of the Bar of Ireland; of applicants to the Board; request of the Minister, is to submit to the The Board shall not submit or recommend the G a practising solicitor who is nominated G invite persons identified by the Board to Minister the names of all persons who have name of a person unless that person meets the by the President for the time being of submit their names for consideration by informed the Board of his or her wish to be eligibility requirements laid down by statute. the Law Society of Ireland; and the Board; considered for appointment to that judicial Further, the Board shall not recommend the G not more than three persons appointed G arrange for the interviewing of applicants office and the Board shall submit the names of name of any person unless in the opinion of the by the Minister for Justice, Equality and who wish to be considered by the Board at least seven persons whom it recommends Board the person concerned: Law Reform (hereafter the ‘Minister’), for appointment to judicial office; and for appointment. The Board must also provide which are persons engaged in or giving G do such other things as the Board the Minister with particulars of education, G has displayed in his/her practice as a knowledge or experience of commerce, considers necessary to enable it to professional qualification, experience and barrister or solicitor, as the case may be, finance, administration, or persons who discharge its functions under the Act. character of all persons whom it recommends a degree of competence and a degree of have experience as consumers of the under this section. probity appropriate to and consistent service provided by the courts that the The extent to which these powers have been with the appointment concerned; Minister considers appropriate. availed of by the Board is considered in Section Where fewer than seven persons inform the G is suitable on grounds of character and 3 of this Report. Board of their wish to be appointed to judicial temperament; A person appointed to be a member of the office or where the Board is unable to G is otherwise suitable; and Board by virtue of a nomination by the Section 16 of the Act deals with the recommend to the Minister at least seven G complies with the requirements of Chairman of the Bar Council or by the President submission of names to the Minister. persons, the Board may recommend to the Section 19 of the Act. of the Law Society and persons appointed by A person who wishes to be considered for Minister a lesser number of persons for the Minister are members of the Board for a appointment to judicial office is required to so appointment. 6 7 Having received the advice of counsel, the Under Section 23 of the Act, where the b) The criteria for selection to the Supreme (IV) complies with the requirements of Board interprets these requirements as a Government proposes to advise the President and High Courts have been amended by Section 19 of this Act, and minimum standard. A person must have these of an appointment to the office of Chief Justice Section 8 of the Courts and Court (V) is otherwise suitable. qualities to be recommended, but having these or President of the High Court, President of the Officers Act, 2002. qualities is in itself not enough for a person to Circuit Court or President of the District Court, b) (ii) In determining whether the requirements be recommended. it is required first to have regard to the The purpose of this amendment seems to of subparagraph (i)(II) of this paragraph are qualifications and suitability of persons who are be to ensure that solicitors appointed to the satisfied, the Board shall have regard, in Under Section 17 of the Act (as amended), the serving at that time as judges in courts Supreme and High Courts (as they are now particular, to the nature and extent of the procedures set out above do not apply where established in pursuance of Article 34 of the eligible to be under Section 5 of the 1961 practice of the person concerned insofar the Government proposes to advise the Constitution. Act, as amended by Section 4 of the 2002 as it relates to his or her personal conduct President to appoint to judicial office a person Act) are sufficiently conversant with of proceedings in the Supreme Court and who is for the time being a judge of the High There have been some amendments to the practice and procedure in the Superior the High Court whether as an advocate or Court, Circuit Court, District Court or who is procedures followed by the Board since 1995: Courts. as a solicitor instructing counsel in such eligible for appointment to the Supreme Court proceedings or both.” or the High Court under the provisions of a) The Standards in Public Office Act, 2001 It is best to quote these directly: Section 5 of the Courts (Supplemental requires applicants to certify that their tax In the carrying out of its functions, the Board Provisions) Act, 1961, as amended. affairs are in order. Section 22 (1) prohibits Subsection (7) each year places advertisements calling on all the Board from recommending a person for b) (i) “The Board shall recommend a person to those who wish to be considered for Section 18 of the Act provides that the Board judicial office unless the person has the Minister under this section only if the appointment to judicial office to apply to the shall not recommend its own members for furnished to the Board: Board is of the opinion that the person: Board.