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Thread: "All Judicial Appointments Are Political, Including Mine" - Judge

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    Default "All Judicial Appointments Are Political, Including Mine" - Judge

    A surprisingly frank interview of Judge Michael Patwell (retired) by Charlie Bird. He said that his own appointment was political, and that he had approached a former Fianna Fail Minister to get it.

    Charlie Bird replied that "of course things have changed" - the reply was that it had not, and that all appointments to the bench by the present Government were of Labour or Fine Gael connections.

    The Judicial Appointments body makes recommendations of 8 names to the Minister, who selects the appointment.

    A very frank interview - I only heard the opening ten minutes but will be catching up with the rest on the rte player later.

    http://www.rte.ie/radio/radioplayer/...A25-08-2012%3A

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Shocking!
    I dropped out of communism class because of lousy Marx.

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    It is all corrupt.

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Twas always thus

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    It makes a mockery of the idea that the judiciary is an independent Pillar of the State, separate from the Government.

    Under the circumstances, it is amazing that Judges do at times take decisions that are unpalatable to the Government.

    Patwell admitted that appointments are not based on merit i.e. the best candidate does not get the job.

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    I only heard it part of it as well. Charlie Bird asked him about the sentencing of Tim Allen of Ballymaloe Cookery School who received community service and paid 40k to charity when convicted of possession of child pornography in 2003.
    Patwell's answer was that the press had misreported the case and that Allen 'only had around 100 images on his computer' and not the 800 that had been reported.

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    So basically what we are getting here is confirmation that some of our judges are just as imbecelic as the politicians who appoint them.

    So, apart from the obvious qualification of being hard-wired into " de party", what are the necessary requirements for being a judge in Ireland?

    An passing acquaintance of the arcane world of common law? Be a small town solicitor whose stock in trade is the conveyancing of agricultural smallholdings and the odd day in court for road traffic transgressions?

    I am curious.
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Be a small town solicitor whose stock in trade is the conveyancing of agricultural smallholdings and the odd day in court for road traffic transgressions?
    That, plus the right connection, seems to be Judge Patwell's route to the bench of the District Court.
    Before doing a law degree, he was a Court clerk.

    He also mentioned a bit of skullduggery he encountered in the Revenue, where he worked before, which caused him to leave.

    It is quite an interview.

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    No complaints from Patwell about the referendum on judges' pay. However, he's worried about 'elements' in the democratic system that could approach power in the future and might not have the same 'responsible' attitude as the incumbents.
    When pressed on it he specified Sinn Fein and 'some of those socialists'

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by C. Flower View Post
    It makes a mockery of the idea that the judiciary is an independent Pillar of the State, separate from the Government.

    Under the circumstances, it is amazing that Judges do at times take decisions that are unpalatable to the Government.

    Patwell admitted that appointments are not based on merit i.e. the best candidate does not get the job.
    Whatever gave you the idea that the judiciary is separate from government? When a judge sends you to prison s/he does so in compliance with a law passed by the legislature. Seems to me the process is about as good as you can get, once the advisory body has declared all candidates qualified. Has anyone proposed a better alternative?
    As a general rule the most successful man in life is the man who has the best information. Benjamin Disraeli
    Secrecy is for losers. For people who do not know how important the information really is.
    Daniel Patrick Moynihan - Secrecy: The American Experience (1998)

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    "Supreme Court appointments all political" Justice Kelly - A front page tomorrow.

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by Count Bobulescu View Post
    Whatever gave you the idea that the judiciary is separate from government? When a judge sends you to prison s/he does so in compliance with a law passed by the legislature. Seems to me the process is about as good as you can get, once the advisory body has declared all candidates qualified. Has anyone proposed a better alternative?
    The idea of the Constitution is that the Judiciary, the Dail, the Senate and the Presidency are, in so far as feasbible, separate pillars of the State.

    The Irish judiciary in the past has shown regular flashes of independence, in spite of the political appointments system.

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Judge Peter Kelly says supreme court jobs purely political todays indo.

    http://www.independent.ie/national-n...y-3240492.html

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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Quote Originally Posted by The Moth View Post
    Judge Peter Kelly says supreme court jobs purely political todays indo.

    http://www.independent.ie/national-n...y-3240492.html
    It is probably one of the reasons Peter isn't one of them.
    In my opinion, he is by far and away our best judge.
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    Default Re: "All Judicial Appointments Are Political, Including Mine" - Judge

    Peter Kelly would be wasted in the Supreme Court

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