Judge investigated for sexual assault claim

lifeandtimes

https://m.independent.ie/irish-news/judge-investigated-by-garda-over-sexual-assault-claim-36460564.html

Don't think I've ever heard of the above.

What's the process here?

Can/will the president of this judges court suspend/ ask them to step down while an investigation is on going? Similar to all the celebrity cases recently involving sexual assault claims?

If found to be true what happens then? How is a judge removed? What court would try them,Can it be the one they worked in or will it need to be a special court? Will it effect any of their previous rulings if they any way relate to the judges charges?

Sorry for all the questions it just I've never heard of this happening before

Samuel T. Cogley

Although a judge can be removed from office for "stated misbehaviour or incapacity", the impeachment procedure requires resolutions to be passed by the Dáil and the Seanad and has never been used.

They would be tried by the normal court for that particular offence.

As for the president of the court asking them sto step down temporarily - it hasn't happened yet and shouldn't IMHO.

Peregrinus

The process is unclear because the situation arises so rarely (though it has arisen - Brian Curtin, Heather Perrin, no doubt one or two others).

At the moment the investigation seems to be in a very preliminary stage. Not only has the judge concerned not been charged; he may not even have been interviewed yet, or "made fully aware of the claim against him". It would clearly be inappropriate to expect him to stand down, or to expect the President of his court to ask him to stand down, when the details of the allegation are still not known to him (or, presumably, to the court President).

Things could go a number of ways from here. At one extreme, the guards could conclude that the allegations made, even if proven, wouldn't amount to a criminal offence, and they might simply terminate the investigation. At the other extreme, the judge might be charged, tried and convicted for a serious criminal offence. And there's a variety of possiblities in between - e.g. the guards might conclude that the allegations do amount to a criminal offence, but that there isn't sufficient evidence to justify charging the judge.

Judges are as entitled to the presumption of innocence as any other citizen. Still, once a judge has been charged with an offence, or arrested in relation to an offence for which an investigation is ongoing, I don't think it's tenable for them to preside in court, and I would expect them to stand aside while the charges are pending. If convicted, I'd expect the judge to resign (as Heather Perrin did) and, if they did not resign, they could be removed by a vote in the Oireachtas, which I think would happen. (The government cannot dismiss judges - this is to protect their independence from the executive - but the Oireachtas can remove them from office for "stated misbehaviour".)

Brian Curtin, of course, was acquitted, but in circumstances which gave rise to considerable public disquiet about his fitness for judicial office, and the government requested him to resign. He refused, whereupon the Minister for Justice initiated the impeachment process removal process. The Dail established a committee to look into the allegations of "misbehaviour" against Curtin, and Curtin challenged that in the courts, pointing out that he had been acquitted in the criminal process and arguing that it was improper for the same allegations, in effect, to be retried by the Oireachtas. His court challenge was unsuccessful, and the Oireachtas committee went ahead with its work. However before it completed its enquiries Curtin resigned as a judge, thus rendering its work moot.

So, bottom line: I'd expect the judge in this case to carry on unless and until arrested or charged, at which point they are likely to stand aside. If eventually convicted, they will resign rather than be removed by the Oireachtas. If acquitted, what happens then depends on the circumstances, the nature of the allegations, the nature of the evidence, etc. If there's still major public disquiet it might be suggested to the judge that they should resign, and if they don't the removal process could be instituted.

lifeandtimes

Samuel T. Cogley wrote: »

They would be tried by the normal court for that particular offence.

As for the president of the court asking them sto step down temporarily - it hasn't happened yet and shouldn't IMHO.

Why not?

In cases of alleged law enforcement or most public service jobs misconduct etc they are usually suspended with or without pay.

Why should a judge be different?

lifeandtimes

@peregrinus thanks for your post it was very interesting.

I won't quote it as it's quite long

Peregrinus

lifeandtimes wrote: »

Why not?

In cases of alleged law enforcement or most public service jobs misconduct etc they are usually suspended with or without pay.

Why should a judge be different?

If you’re subject to disciplinary proceedings in relation to alleged misconduct in the performance of your office or employment then you might be suspended (invariably, with pay) while that’s going on. But if you’re investigated for, or even charged with, a crime that’s unconnected with your job suspension would be the exception, not the norm, unless (as with a judge) the very fact of being involved in criminal proceedings is at odds with doing your job.

There’s no suggestion in the newspaper report that the alleged misconduct was linked to the judge’s work as a judge.

seamus

Peregrinus wrote: »

Judges are as entitled to the presumption of innocence as any other citizen. Still, once a judge has been charged with an offence, or arrested in relation to an offence for which an investigation is ongoing, I don't think it's tenable for them to preside in court, and I would expect them to stand aside while the charges are pending. If convicted, I'd expect the judge to resign (as Heather Perrin did) and, if they did not resign, they could be removed by a vote in the Oireachtas, which I think would happen. (The government cannot dismiss judges - this is to protect their independence from the executive - but the Oireachtas can remove them from office for "stated misbehaviour".)

Are there arguments that could be made about the fitness of a trial judge to preside over cases, e.g. could someone up on sexual assault charges claim that the judge is affected by their own personal situation so as to be unable to be objective?

Are there processes for when any judge is under extreme personal stress that a barrister (or another judge) could question their fitness?

lifeandtimes

seamus wrote: »

Are there arguments that could be made about the fitness of a trial judge to preside over cases, e.g. could someone up on sexual assault charges claim that the judge is affected by their own personal situation so as to be unable to be objective?

Are there processes for when any judge is under extreme personal stress that a barrister (or another judge) could question their fitness?

I would agree with this.

The question of a judge who deals with cases such as sexual harrasment, is then caught up in a sexual harrasement case would cast doubt over their ability to perform their duty.(not saying people belive it but doubt is there)

Judges need to be of integrity and good standing and even the accusation that one could have been involved in something like that would be enough( in my opinon) to at least suspend them(hopefully by mutual agreement) of their duties until due process is completed.

If the judge respects the court system they should be ok with that and ultimately understand why its done

Peregrinus

seamus wrote: »

Are there arguments that could be made about the fitness of a trial judge to preside over cases, e.g. could someone up on sexual assault charges claim that the judge is affected by their own personal situation so as to be unable to be objective?

I'd go much further than this. If a judge is facing criminal proceedings of pretty well any kind, other than something very trivial indeed with no "moral" content, it pretty well precludes him from presiding as a judge in any case. It makes no difference whether the subject of his own proceedings is any any way related to the subject of the case.

seamus wrote: »

Are there processes for when any judge is under extreme personal stress that a barrister (or another judge) could question their fitness?

Yes. Counsel for any party in a case before a judge can suggest that he should decline to hear the case and arrange for it to be transferred to another judge. If the judge declines to do that, that's a decision which can be appealed to a higher court.

Elemonator

Jaysus, the judiciary are getting an awful bashing in the media lately.

vicwatson

Elemonator wrote: »

Jaysus, the judiciary are getting an awful bashing in the media lately.

Whole thing needs a radical shake up

lifeandtimes

vicwatson wrote: »

Whole thing needs a radical shake up

exactly, somebody needs to clean house

hullaballoo

This isn't the forum for baseless populist platitudes.

If you want to attack the judiciary as a set, you will need to back it up with a level of detail appropriate to legal discussion.

lifeandtimes

hullaballoo wrote: »

This isn't the forum for baseless populist platitudes.

If you want to attack the judiciary as a set, you will need to back it up with a level of detail appropriate to legal discussion.

We could if they released information such as how many cases are turned over upon appeal,which judges these apply too etc etc etc.

But i started the thread for the sole discussion of the scenario regarding a judge being accused of criminal offences and the outcome relating to his or her job during the investigation and after.

GerardKeating

Samuel T. Cogley wrote: »

They would be tried by the normal court for that particular offence.

As for the president of the court asking them sto step down temporarily - it hasn't happened yet and shouldn't IMHO.

But perhaps do not let him/her start a long trial which could overlap their case, if it comes to trial.