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judge retired

  • 10-10-2012 1:36pm
    #1
    Alix
    Registered Users, Registered Users 2 Posts: 50 ✭✭


    Hi

    wondering if anyone knows what happens your case when a judge retires ? Does it start all over again with new judge ? Or does a new judge take up where other left off ?


Comments

  • #2
    Jo King
    Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    Alix wrote: »
    Hi

    wondering if anyone knows what happens your case when a judge retires ? Does it start all over again with new judge ? Or does a new judge take up where other left off ?

    How can a new judge take up where the other left off?


  • #3
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    I was under the impression that when a judge was set to retire s/he just didn't take on any new cases. Just finished up what they had in front of them.


  • #4
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    Ken has it. Judges don't retire in the middle of cases.

    They do occasionally die in the middle of cases. Where this happens, the whole trial has to start again. In a really big case, it's not unknown for the litigants to take out insurance on the life of the judge to compensate them for the costs involved should the judge die.


  • #5
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Alix wrote: »
    Hi

    wondering if anyone knows what happens your case when a judge retires ? Does it start all over again with new judge ? Or does a new judge take up where other left off ?

    The only case it may be an issue is a long running family case where a particular judge has been dealing with the matter. In that situation it would be well flagged that a new judge is coming into the case. Other than that the vast majority of cases in DC and CC take a matter of hours, in the High Court its a rare case that goes over 3 days, and a very long case would be well flagged so would not go to a judge who is finishing during the case. So I really don't see it as an issue.


  • #6
    Alix
    Registered Users, Registered Users 2 Posts: 50 ✭✭Alix


    Yes its a criminal case (nothing too serious ) going on about a year. Adjournments for this that and the other. Sentencing due any time now but judge has just retired.


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  • #7
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Alix wrote: »
    Yes its a criminal case (nothing too serious ) going on about a year. Adjournments for this that and the other. Sentencing due any time now but judge has just retired.

    In the DC a criminal case gets on in a matter of months and no judge has session of the case until it is heard, then it may be adjourned for sentencing for this or that but in any case the determination of guilt has been decided. Also a judge would not usually allow an adjourned sentencing until after retirement. But if he has then the new judge would get a summary of the evidence and a note on file of what other judge thought if possible and then sentence.

    In CC the same a case is in the list until hearing but again no set judge until hearing date and its rare for a case to go over a couple of days. If a judge adjournes for sentence then there is not going to be a jail term and again no judge is going to adjourn past his time. Again if he does then new judge treats it as a sentence and gets summary of evidence.


  • #8
    Alix
    Registered Users, Registered Users 2 Posts: 50 ✭✭Alix


    Thanks so much for your clear and concise answer. I also presumed previous judge would leave a note of his findings for new judge to pass on. Just wasnt 100% . Its a cc case and sentencing has actually been adjourned twice. Thanks again :)


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