Appointment, removal and retirement of judges

Bosco boy

Seeing as the appointment of judges is a political appointment is this a totally unfair system? there are clearly misfits in the system (without mentioning names) who are not in position on merit. If an excellent solicitor or barrister has no political ties they have little chance of ever being considered.

Also Just wondering if people believe the current mechanisms to remove a bad judge are too difficult and if some judges are in place too long, I know there's an arguement that they are extremely experienced but not all of them display at times, surely there are good young people who could be excellent judges who may be more in touch with society?

Our man in Havana

Sadly the system is corrupt. Politicians should not be choosing judges.

nuac

Having seen many judges of all ranks from District COurt to Supreme Court in action I do not agree that the system is corrupt.

Vacancies are advertised. There is a screening system - Judicial Appointments Commission or similar title to make up a short list for the vacancy. Cabinet appoints from that list. Often appointees are supporters of the party in power. Some are not, whether of an opposite party or no known political connection.

Most of the appointments have been successful, and judges in Ireland operate to high standards. Once appointed and having taken the oath, they do not decide cases on political or personal criteria.

I believe the Irish system better than the US system of direct election.

Victor

Should judges appointments be confimed by the Oireachtas or does that just make it even more politicised / partisan.

McCrack

I agree with Nuac, I dont see an issue with the current system, there has never been any instance of "corruption" in the appointment of the judiciary (to my knowledge), Judges are appointment on the recommendation of the JAC by the government.

The 1960's through to the 1980's saw an expert Supreme Court which in many ways was ahead of its time. The likes of O' Higgins, Walsh, McCarthy, Costello (all political apointees) and like their colleagues on the Bench had a reputation for total independence from politics and often went against popular and political opinion.

As well there are many Judges not known for any political ties or connections that obviously have been appointment by the government.

So no I dont see any issue with the current system. I mean suggest another method of appointment that is realistic.

Our man in Havana

Direct election of certain types of judges, confirmation hearings by the oireachtas?

Taking the US Supreme Court for an example, appointments do seem to be along political lines. Of course appointments are subject to confirmation hearings in the Senate.

_JOE_

Haddockman wrote: »

Direct election of certain types of judges, confirmation hearings by the oireachtas?

Taking the US Supreme Court for an example, appointments do seem to be along political lines. Of course appointments are subject to confirmation hearings in the Senate.

What would be the idea behind confirmation hearings when the government of the day would always vote with their nominated appointee?

In the U.S. there's always a chance that an overly conservative/ liberal nominee will be filibustered etc...

What alternative would you suggest and why do you feel it's a viable alternative? Success etc...

mikemac

Now I know some say judges are not in touch with reality but what if it realy happened.

Imagine a judge gets old and maybe senile. Ah, I'm sure you have a relation or someone local like this. Sad to see.

Handing down ridiculous judgements.
Maybe making comments about the death penalty in court, even for something like a traffic offense.
Having hour long speeches on a TV licence case.

Can a judge be ordered to retire or go on medical leave probably never to return? They need help and need time off to get it
In their mind they may be completely correct but they've clearly lost it.

There would need to be a system to remove judges like this.
But what if they disputed it so I'm asking can they be forced out?

Reloc8

Haddockman wrote: »

Sadly the system is corrupt. Politicians should not be choosing judges.

I take it you feel the system is corrupt because politicians are involved in the selection of judges.

Of course, that is an argument for not allowing politicians to take any decision whatsoever.

Haddockman wrote: »

Direct election of certain types of judges, confirmation hearings by the oireachtas?

Taking the US Supreme Court for an example, appointments do seem to be along political lines. Of course appointments are subject to confirmation hearings in the Senate.

I can't reconcile this post with the one above.

Bosco boy

Dermot Ahern today appears to be introducing a bill to deal with complaints against judges, it will be interesting to see what's introduced and if it has teeth! Sorry no link

Tom Young

Yes, many do wear dentures. It isn't that noticeable but the odd time you can see them slide slightly.

445279.ie

Link here Bosco Boy

http://www.irishtimes.com/newspaper/frontpage/2010/0823/1224277382316.html