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The Oireachtas's authority to hold the judiciary to account.

  • 29-12-2019 7:21pm
    #1
    Registered Users, Registered Users 2 Posts: 4,687 ✭✭✭


    There has been a lot of outrage about lenient sentences handed down by Judge Martin Nolan to criminals convicted of serious sexual offences.


    https://gript.ie/impeach-martin-nolan/

    The Oireactas has the power to impeach, and remove, Judges. There is no excuse to allow Judge Nolan to continue on the bench, given his long track record of appalling decisions.


    TDs and senators have the constitutional authority to impeach a judge who is suspected of misconduct. So why aren't those politicians using that power?!


Comments

  • Closed Accounts Posts: 1,148 ✭✭✭Salary Negotiator


    Probably because, despite his sentencing appearing quite lenient and it being very frustrating, Nolan hasn’t been involved in any misconduct.


  • Registered Users, Registered Users 2 Posts: 4,687 ✭✭✭political analyst


    Probably because, despite his sentencing appearing quite lenient and it being very frustrating, Nolan hasn’t been involved in any misconduct.


    Failing to hand down appropriate sentences may be regarded by some people as judicial misconduct. Sympathy towards a defendant was grounds for impeachment in the Sheedy case - though the accused judges saved the Oireachtas the work by resigning.


  • Registered Users, Registered Users 2 Posts: 4,687 ✭✭✭political analyst


    The Constitution says the Oireachtas can impeach judges for 'stated misbehaviour', which can be whatever the Oireachtas says it is.


  • Closed Accounts Posts: 1,148 ✭✭✭Salary Negotiator


    Failing to hand down appropriate sentences may be regarded by some people as judicial misconduct. Sympathy towards a defendant was grounds for impeachment in the Sheedy case - though the accused judges saved the Oireachtas the work by resigning.

    Who defines appropriate? Isn’t sentencing largely dictated by law and precedent?

    I’d agree that his sentencing seems overly lenient at times, particularly in cases of child abuse/pornography, but I don’t remember hearing about any being appealed by the DPP for actually being too lenient.


  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    By Gript calling for it they've ensured it'll never happen.


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  • Registered Users, Registered Users 2 Posts: 9,381 ✭✭✭Yurt2


    There has never been a successful impeachment of a judge by the Oireachtas. The Curtin impeachment had momentum, but even then it would have sent two branches of the government on a collision course. It should not be done lightly.


  • Registered Users, Registered Users 2 Posts: 6,589 ✭✭✭touts


    Something has to be done to reform the Justice Industry and return it to a functioning Justice System where criminals are viewed as the enemies of society rather than as cash cows for the lawyers. If that takes more oversight and control by the elected representatives of society then so be it. The legal profession have proven themselves at best incapable (and more likely unwilling for self interest reasons) of exercising the power given to them to protect society.


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