Judicial Appointments

Maidhci

Apart from political affiliation is there a baseline level of legal qualifications required for appointment as judge to the Circuit Court?

Dublinensis

Section 17 of the Courts (Supplemental Provisions) Act, 1961 wrote:

(1) (a) The existing President of the Circuit Court shall be qualified for appointment as President of the Circuit Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the Circuit Court.

(b) Each of the persons (other than the existing President of the Circuit Court) who are judges of the existing Circuit Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Circuit Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Circuit Court.

(c) Paragraphs (a) and (b) of this subsection apply only in relation to the qualification for appointment of the first judges of the Circuit Court.

(d) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.

(2) (a) A person who is for the time being a practising barrister of not less than ten years' standing shall be qualified for appointment as a judge of the Circuit Court.

(b) For the purposes of paragraph (a) of this subsection, service, in the case of a barrister, as a justice of the existing District Court or of the District Court shall be deemed practice at the Bar.

(3) An ordinary judge of the Circuit Court shall be qualified for appointment as President of the Circuit Court.

Section 2 of the Courts Act, 1973 wrote:

2.—(1) For the purpose of qualification for appointment—

(a) under section 43 of the Courts of Justice Act, 1924 , as a judge of the Circuit Court of Justice constituted by section 37 of that Act, or

(b) under section 14 of the Courts of Justice Act, 1936 , to act temporarily as such a judge,

service by a person appointed under the said section 14 to act temporarily as a judge of that Court shall be deemed always to have been practice at the Bar.

(2) For the purpose of qualification for appointment—

(a) under section 17 (2) (a) of the Courts (Supplemental Provisions) Act, 1961 , as a judge of the Circuit Court, or

(b) under the said section 14 to act temporarily as such a judge,

service by a person appointed under the said section 14 to act temporarily as a judge of that Court shall be deemed to be, and always to have been, practice at the Bar.

Section 5 of the Courts and Court Officers Act, 2002 wrote:

5.—Section 17 of the Act of 1961 is amended by the substitution of the following subsections for subsection (2):

“(2) A person who is for the time being a practising barrister or a practising solicitor of not less than 10 years' standing shall be qualified for appointment as a judge of the Circuit Court.

(2A) A judge of the District Court shall be qualified for appointment as a judge of the Circuit Court.

(2B) A county registrar who practised as a barrister or a solicitor for not less than 10 years before he or she was appointed to be a county registrar shall be qualified for appointment as a judge of the Circuit Court.”.

Section 188 of the Personal Insolvency Act 2012 wrote:

Section 17 of the Courts (Supplemental Provisions) Act 1961 is amended—

(a) in subsection (2) (as amended by section 5 of the Courts and Court Officers Act 2002 ), by deleting “A person” and substituting “Subject to subsection (4), a person”,

(b) in subsection (2A) (inserted by section 5 of the Courts and Court Officers Act 2002 ), by deleting “A judge” and substituting “Subject to subsection (4), a judge”,

(c) in subsection (2B) (inserted by section 5 of the Courts and Court Officers Act 2002 ), by deleting “A county registrar” and substituting “Subject to subsection (4), a county registrar”,

(d) by inserting the following after subsection (2B) (inserted by section 5 of the Courts and Court Officers Act 2002 ):

“(2C) A specialist judge of the Circuit Court shall be qualified for appointment as an ordinary judge of the Circuit Court.”,

and

(e) by inserting the following after subsection (3):

“(4) Any of the following persons shall be qualified for appointment as a specialist judge of the Circuit Court:

(a) a person who is for the time being a county registrar, having held such office for not less than 2 years continuously, and

(b) subject to subsection (5)—

(i) a person who is for the time being a practising barrister or a practising solicitor of not less than 10 years standing, and

(ii) a judge of the District Court.

(5) Subsection (4)(b) shall come into operation on such day, being not later than 1 January 2014, as the Minister may by order appoint.”.

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hullaballoo

12 years' practice is a requirement and then there is the Judicial Appointments Advisory Board (JAAB) who vet candidates.

Dublinensis

hullaballoo wrote: »

12 years' practice is a requirement and then there is the Judicial Appointments Advisory Board (JAAB) who vet candidates.

I think 12 years is for the Superior Courts, no?

Also, it seems full-time work with the Law Reform Commission counts towards the minimum practice period as well.

Pro Hoc Vice

Dublinensis wrote: »

I think 12 years is for the Superior Courts, no?

Also, it seems full-time work with the Law Reform Commission counts towards the minimum practice period as well.

I think you are right but am open to correction 10 years District and Circuit the rest is 12.

hullaballoo

Dublinensis wrote: »

I think 12 years is for the Superior Courts, no?

Also, it seems full-time work with the Law Reform Commission counts towards the minimum practice period as well.

You are probably right, my post just came off the top of my head but you appear to have looked into it. I am aware of at least one DC appointee who most certainly doesn't have 12 years under his belt.