Retired judges not practicing below the court in which they worked.

political analyst

Why does the Bar Council have a rule that prevents retired judges who were barristers from practicing in courts below the court in which they worked, e.g. the case taken by retired judge Mr Justice Barry White?

The idea that a circuit court judge would feel intimidated by a counsel who is a retired judge of the High Court or of the Supreme Court is absurd.

The courts are public institutions and the Bar Council is a private organisation. Therefore, the Bar Council doesn't own the courts. So how could the Bar Council prevent a retired judge from practicing?

coylemj

political analyst wrote: »

Why does the Bar Council have a rule that prevents retired judges who were barristers from practicing in courts below the court in which they worked, e.g. the case taken by retired judge Mr Justice Barry White?

The idea that a circuit court judge would feel intimidated by a counsel who is a retired judge of the High Court or of the Supreme Court is absurd.

It's the opposite of what you're thinking ..... your hypothetical Circuit Court judge might have had some of his decisions overturned on appeal by the ex-High or Supreme Court judge now standing in front of him as a practising barrister.

Far from being intimidated, he might feel that there are a few old scores to be settled.

political analyst

coylemj wrote: »

It's the opposite of what you're thinking ..... your hypothetical Circuit Court judge might have had some of his decisions overturned on appeal by the ex-High or Supreme Court judge now standing in front of him as a practising barrister.

Far from being intimidated, he might feel that there are a few old scores to be settled.

Does whether a barrister who is a retired judge can act as an advocate in court dependent on whether the Bar Council gives permission?

hullaballoo

I'm uncomfortable with the proposition that "the idea that a circuit court judge would feel intimidated by a counsel who is a retired judge of the High Court or of the Supreme Court is absurd".

In what way is it absurd? If I was a circuit court judge and one of the counsel before me was a retired judge of a more senior court, potentially citing decisions they had made that are binding on me, I would feel my discretion was being fettered. Maybe that's solely down to my own insecurities but I suspect it might be more likely to have more universal application.

Victor

Wasn't there a case in the last few years where this was overturned, as it impaired a retired judge's right to work?

political analyst

Victor wrote: »

Wasn't there a case in the last few years where this was overturned, as it impaired a retired judge's right to work?

I referred to that retired judge by name in the OP. It was a partial victory - the court ruled that the Bar Council is a club that sets its own rules.

Claw Hammer

political analyst wrote: »

Does whether a barrister who is a retired judge can act as an advocate in court dependent on whether the Bar Council gives permission?

No. It has been decided that once the retired judge obtains a practising cert, he can practise no matter what the Bar Council says. One of the reasons that is often given is that a judge may have to argue against one of his own decisions. The other is the perception. What if the other party loses a case when there was a retired judge on the other side. Will he think that justice has been seen to be done? Will former judges be able to avail of some kind of an inside track, manipulating situations for their own advantage?

Dublinensis

The Bar Council has no power to stop someone practising. It does, however, control shared facilities such as the law libraries adjacent to the courts in Dublin and Cork, shared IT services, the online directory of barristers, its pooled insurance scheme etc. It has power over barristers to the extent that it can exclude them from access to these facilities.

The "official" professional body for barristers is the King's Inns (which until recently retained ultimate disciplinary authority). The Bar Council was set up in the late C19th/early C20th (can't remember exactly) as senior judges are heavily involved in the governance of King's Inns and the barristers of the day wanted their interests represented by a more independent body.