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New Chief Justice

  • 26-07-2017 2:21pm
    #1
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭


    RTÉ are reporting the Mr Justice Frank Clarke has been nominated by cabinet for the big chair.

    https://www.rte.ie/news/2017/0726/893003-cabinet/


Comments

  • #2
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Well earned no doubt, often cited as one of the few judges who has the "common touch" I believe.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    3244930824_640d325d23.jpg


  • #4
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    The man is very down to earth and, at least was, very active in giving guest lectures to undeserving law students.

    He also has amazing hair.


  • #5
    robman60
    Registered Users, Registered Users 2 Posts: 2,228 ✭✭✭robman60


    Samuel T. Cogley wrote: »
    The man is very down to earth and, at least was, very active in giving guest lectures to undeserving law students.

    He also has amazing hair.

    I can confirm he still is! He gave an in depth and lengthy lecture on the Judicature Act 1877 to a group of undeserving law students (myself included) just last year.


  • #6
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Great piece in the Indo (I know it was bound to happen one day) explaining he's no familial legal background and the first one of his family to go to University. Hopefully this will go someway to dispelling some of the myths around Irish Judges. However even the article did point he's not unfamiliar with politics.


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  • #7
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Law Society VP Michael Quinlan spoke of outgoing Chief Justice Mrs Justice Susan Denham as the "'most transformational figure in history of Irish courts" at her final sitting in the SC. I can only imagine what will be said of Mr. Justice Frank Clarke on his final sitting in the future.


  • #8
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #9
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Fred Swanson wrote: »
    This post has been deleted.

    Mandatory at 72 IIRC.


  • #10
    The_Valeyard
    Closed Accounts Posts: 12,452 ✭✭✭✭The_Valeyard


    Nice man but he owes me a whiskey.


  • #11
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Fred Swanson wrote: »
    Does the CJ sit for a fixed period or do they decide themselves when to retire?

    7 years max.

    http://www.irishstatutebook.ie/eli/1997/act/43/enacted/en/print#sec4


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  • #12
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Samuel T. Cogley wrote: »
    Mandatory at 72 IIRC.

    70, changed in 1995.

    http://www.irishstatutebook.ie/eli/1995/act/31/section/47/enacted/en/html#sec47


  • #13
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #14
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Fred Swanson wrote: »
    Is 70 for all judges?

    DC is 65, the rest are 70.


  • #15
    coylemj
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    Did Susan Denham's predecessor as CJ revert to being an 'ordinary' judge of the SC at the end of his term and retire a few years later? Has there been any other instances of this?


  • #16
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    GM228 wrote: »
    70, changed in 1995.

    http://www.irishstatutebook.ie/eli/1995/act/31/section/47/enacted/en/html#sec47

    Someone better let the current Chief Justice know that. As ungallant of me to say but she's 72 according to the unimpeachable sources of the Indo and Wikipedia, the former probably getting it's info from the latter.


  • #17
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Samuel T. Cogley wrote: »
    Someone better let the current Chief Justice know that. As ungallant of me to say but she's 72 according to the unimpeachable sources of the Indo and Wikipedia, the former probably getting it's info from the latter.

    Should be pointed out that any judge who held office in the HC or SC at the time of the change in 1995 (which she did) can retire at 72.


  • #18
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    coylemj wrote: »
    Did Susan Denham's predecessor as CJ revert to being an 'ordinary' judge of the SC at the end of his term and retire a few years later? Has there been any other instances of this?

    Yes, Mr. Justice John Murray became an ordinary judge of the SC in 2011 until his retirement in 2015. No other CJ has ever done so.


  • #19
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Didn't someone also go back to being a barrister?


  • #20
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Samuel T. Cogley wrote: »
    Didn't someone also go back to being a barrister?

    Barry White (and only following him winning a HC case on the issue involving the Bar Council and Minister for Justice - which the minister appealed (and lost) to the CA).


  • #21
    coylemj
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    GM228 wrote: »
    Should be pointed out that any judge who held office in the HC or SC at the time of the change in 1995 (which she did) can retire at 72.

    +1 it's what known in the US as the 'grandfather clause', the principal that you can't legislate someone out of business or as in this case, to force them to retire at an earlier age than the rules stated when they assumed the office.


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  • #22
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    coylemj wrote: »
    +1 it's what known in the US as the 'grandfather clause',
    Realise that the phrase has an appalling origin: https://en.wikipedia.org/wiki/Grandfather_clause#Origin
    the principal that you can't legislate someone out of business
    Yes, you can - look at all those legal high sellers.


  • #23
    coylemj
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    Victor wrote: »
    Realise that the phrase has an appalling origin: https://en.wikipedia.org/wiki/Grandfather_clause#Origin

    Wasn't aware it had that dreadful origin.
    coylemj wrote: »
    the principal that you can't legislate someone out of business
    Victor wrote: »
    Yes, you can - look at all those legal high sellers.

    Point taken but I was thinking of legitimate businesses which did not represent a threat to public health. In Ireland, you'd be talking abut how the Londonderry and Lough Swilly Railway Company (which had a fleet of buses in the NW) and the Glendalough St. Kevin's Bus service were 'grandfathered' out of the prohibition on anyone other than CIE running an omnibus service.


  • #24
    impr0v
    Registered Users, Registered Users 2 Posts: 2,647 ✭✭✭impr0v


    OT, but if anyone hasn't yet read Ruadhán Mac Cormaic's "The Supreme Court" I highly recommend that you do so. Very well written and informative.


  • #25
    coylemj
    Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    impr0v wrote: »
    OT, but if anyone hasn't yet read RuadhMac Cormaic's "The Supreme Court" I highly recommend that you do so. Very well written and informative.

    And every time it get a mention on Twitter, he retweets - to the same audience, over and over again. I've no doubt it's a great read and I'll get around to it sometime but someone should tell him that his Twitter followers are sick to the teeth of the retweeted endorsements.


  • #26
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,774 Admin ✭✭✭✭✭hullaballoo


    impr0v wrote: »
    OT, but if anyone hasn't yet read Ruadhán Mac Cormaic's "The Supreme Court" I highly recommend that you do so. Very well written and informative.

    I have this but I have not yet read it. I must dig it out given your recommendation.


  • #27
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    coylemj wrote: »
    +1 it's what known in the US as the 'grandfather clause', the principal that you can't legislate someone out of business or as in this case, to force them to retire at an earlier age than the rules stated when they assumed the office.

    Bar being provided for in legislation there is no legal principle like the grandfather clause, certainly not in Ireland.

    In other words if there is no transitional arrangement - tough.


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