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Thread: All Judicial Appointments in Ireland Are Political

  1. #1

    Default All Judicial Appointments in Ireland Are Political

    As an aside from Captain Con O'Sullivans Thread on Political Dynasties a thread on (former) Political Links of the Judiciary.
    I've starting with some off the top of my head and linked to Election Leaflets where possible.
    Henry Abbott -Former Fianna Fail TD

    Michael White - Stood a number of times for The Workers Party in the early 80s

    Adrian Hardiman - Stood for Fianna Fail in the 1985 Local Elections. Later associated with The Progressive Democrats.

    Pat McCartan - Stood for The Workers Party a number of times. Was elected to the Dail in 1987 and 1989. Lost his seat in 1992 when running for The Democratic Left.

    George Bermingham -A former Fine Gael TD. Was a TD for Dublin North Central from 1981 until 1989
    Last edited by C. Flower; 29-06-2017 at 08:21 PM.

  2. #2
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    Default Re: (former) Political Links of the Judiciary

    Donegal has an exFF TD as a judge , has a serious bee in his bonnet about non-conforming number plates . Dosen't like it when we don't display the little EU symbol on them.
    http://www.donegaldemocrat.ie/donega...orn.5725869.jp

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    Default Re: (former) Political Links of the Judiciary

    The late Dimples was once Lab leader before defecting to FG.

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    Default Re: (former) Political Links of the Judiciary

    The Hon. Mr. Justice John L. Murray, Chief Justice.

    Served the Fianna Fáil government as Attorney General of Ireland from 17 August - 14 December 1982. The Taoiseach, Charles Haughey appointed him as Attorney General after his predecessor, Patrick Connolly, resigned abruptly over the GUBU scandal, when a murderer Malcolm McArthur was arrested in Connolly's Dalkey flat. His next term in office as Attorney General extended from 11 March 1987 to 25 September 1991. In 1988 he refused to allow the extradition of Fr. Patrick Ryan to Britain on explosives charges dealing with the Provisional IRA on the basis that the trial he would be given would not be fair to due excessive media coverage. In 1991 he was appointed as a judge to the European Court of Justice serving until 1999 when he was appointed to the Supreme Court. He was appointed as Chief Justice of Ireland in 2004. He is married to Gabrielle Walsh, daughter of former Supreme Court judge Brian Walsh. http://en.wikipedia.org/wiki/John_L._Murray

    The Hon. Mr. Justice Adrian Hardiman

    Joined Fianna Fáil in college and stood (unsuccessfully) for the party in the local elections in 1979. He was a founder member of the Progressive Democrats and left the party when appointed to the Supreme Court. He is still considered to be very close to the former party leader and Tánaiste, Michael McDowell. His wife, Her Honour Judge Yvonne Murphy, from County Donegal, is a judge of the Circuit Court and was appointed on 28 March 2006 to Chair the Commission of Investigation into sexual abuse by Catholic clergy from, or attached to, the Archdiocese of Dublin between 1 January 1975 and 1 May 2004. They have three sons, one of whom, Eoin, is a barrister (and a member of the Mountjoy Prison Visiting Committee); another, Hugh, was a personal assistant to Michael McDowell, when he was Minister for Justice, Equality and Law Reform. http://en.wikipedia.org/wiki/Adrian_Hardiman
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

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    Default Re: (former) Political Links of the Judiciary

    How do judicial appointments work ? Are they made by politicians?

    Also, on Murray, maybe I'm missing it but I can't see an affiliation to a political party ?

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    Default Re: (former) Political Links of the Judiciary

    Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government (cabinet), who, since 1995, act in turn on the non-binding advice of a judicial advisory board.

    Basically whichever gobshyte is Taoiseach at the time gets to phone a friend.
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

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    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by C. Flower View Post
    How do judicial appointments work ? Are they made by politicians?
    http://www.courts.ie/Courts.ie/libra...ort%202009.pdf

    See the introduction.

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    Default Re: (former) Political Links of the Judiciary

    Ooohh ... that could be useful ... ta Baron ... loads of pictures of empy court buildings as well ... I remember the days when there used to be loads of people milling the throng in Ireland's courtrooms ...

    all credit to Dermo though ... the places look deserted altogether
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

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    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Judges of the Supreme Court are appointed by the President in accordance with the binding advice of the Government (cabinet), who, since 1995, act in turn on the non-binding advice of a judicial advisory board.

    Basically whichever gobshyte is Taoiseach at the time gets to phone a friend.
    Thanks. But we have only ourselves to blame for the gobshytes.

    Is it the same for the High Court and District Courts ?

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    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by Captain Con O'Sullivan View Post
    Ooohh ... that could be useful ... ta Baron ... loads of pictures of empy court buildings as well ... I remember the days when there used to be loads of people milling the throng in Ireland's courtrooms ...

    all credit to Dermo though ... the places look deserted altogether
    The language is wonderful ---

    "The Judicial Appointments Advisory Board (hereafter “the Board”) was established pursuant to the Courts and Court Officers Act, 1995 (hereafter “the Act”). The purpose of the Board is to identify persons and inform the Government of the suitability of those persons for appointment to judicial office. "

    No prizes for guessing what club runs that show.

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    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by C. Flower View Post
    Thanks. But we have only ourselves to blame for the gobshytes.

    Is it the same for the High Court and District Courts ?
    The High Court is established by Article 34 of the Constitution of Ireland, which grants it "full original jurisdiction in and power to determine all matters and questions whether of law or fact, civil or criminal", as well as the ability to determine "the validity of any law having regard to the provisions of this Constitution". Judges are appointed by the President. However, as with almost all the President's constitutional powers, these appointments are made under "the advice of the Government". In practice, this means that the judges are nominated by the government and automatically approved by the President.
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

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    Default Re: (former) Political Links of the Judiciary

    On District Court Judges here is a press release 30 March 2010 from the Department of the Taoiseach;

    'Appointments to the District Court
    The Government decided today to nominate the following persons for appointment by the President as judges of the District Court:

    Mr. Olann Kelleher, Solicitor

    Ms. Patricia McNamara, Solicitor

    Ms. Catherine Staines, BL

    The vacancies on the District Court resulted from the deaths last year of Judge James Scally and Judge Dympna Cusack as well as the retirement earlier this year of Judge Uinsin MacGruairc.

    The Government will take the necessary steps to formally advise President McAleese of the nominations in accordance with Constitutional procedures.

    30 March 2010.



    Notes for Editors

    Biographical Details

    Mr. Olann Kelleher

    Born 1953
    Educated: University College Cork (BCL) 1974
    Admitted to the Roll of Solicitors 1977
    Member of the Munster rugby squad that beat the All Blacks 1978
    Established Comyn Kelleher Tobin, Solicitors, 1982

    Ms. Patricia McNamara

    Born 1956
    Educated: University College Cork (BCL) 1977
    Admitted to the Roll of Solicitors Ireland 1983
    Principal of Patricia McNamara & Co. 1989 to date
    Member of the Hepatitis C Compensation Tribunal

    Ms. Catherine Staines

    Born 1966
    Educated: University College Dublin (BCL) 1986; Kings Inns (BL) 2003
    Admitted to the Roll of Solicitors Ireland 1991
    Called to the Bar of Ireland 2006'

    http://www.taoiseach.gov.ie/eng/Gove...ict_Court.html
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

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    Default Re: (former) Political Links of the Judiciary

    Yes, Appointment of judges is in the gift of the government of the day. The Advisory Board is a screening mechanism.

    afaik the appointees carry out their functions completely independent of politics and without anyregard to their past political contacts or involvement.

    It is imho a better system than the election system in the US.

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    Default Re: (former) Political Links of the Judiciary

    Quote Originally Posted by homer View Post
    Yes, Appointment of judges is in the gift of the government of the day. The Advisory Board is a screening mechanism.

    afaik the appointees carry out their functions completely independent of politics and without anyregard to their past political contacts or involvement.

    It is imho a better system than the election system in the US.
    Trouble is though would it be a brave decision by a judge at any level to find against a government position if they had an eye to advancement?

    The civil service are also suppose to be impartial to party politics. And we all know by now how that goes. ...
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

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    Default Re: (former) Political Links of the Judiciary

    The US system was considered, according to a conference paper I've seen from Gwynne Williams, Professor of Law at U.C.C. He quotes the conclusion on the matter by the Irish Constitutional Review Group (1996?).

    Some reforms have been considered. First of all, the Constitution Review Group considered the possibility of open cross - examination (Pn 2632, 1996). They addressed the possibility of adopting the U.S. model. In the U.S. system, appointments to the Supreme Court are made by the President but must also be confirmed by the Senate, following a public questioning of the candidate before the Senate Judicial Committee. The Constitutional Review Group rejected this model on the following grounds (at 180-81):

    'The contemporary U.S. experience of public hearings... [shows that] such a process could create a situation where opposition groups or the media could attempt to discredit a candidate selected by the Government as a means of discrediting the Government. In addition, attempts have often been made to ascertain the value systems of candidates prior to appointment. This tendency is not helpful because it proceeds from an assumption that the candidate for judicial office ought to reflect in office some predetermined views considered suitable by those making the appointment. Finally, the intense public scrutiny of candidates is likely to deter the sort of people who would be suitable appointees.'

    That can be read a number of ways ..
    Think National. Act Local. Oh- and superstition is just the dark matter of human history.

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