The High Court has begun hearing the judicial review of the Oireachtas decision setting up a committee to inquire into the conduct of Judge Brian Curtin.
However, lawyers for Judge Curtin told the court that the committee had no fact finding powers and could only produce a resume of evidence making it was doomed to failure.
The Oireachtas took its decision following the decision of Tralee Circuit Court to direct the jury to acquit the 51-year-old judge of the charge of possession of child pornography.
It emerged that the warrant under which his computer was seized was out of date.
This made the entry into his house and the seizure of a computer unconstitutional, so the evidence on it could not be produced in court.
The judge was deemed was no longer suitable to sit on the bench despite being acquitted, and the Government started impeachment proceedings.
Lawyers for Judge Curtin will argue that the process set in train by the Oireachtas is unconstitutional, in that the Oireachtas has delegated its powers to a committee with no constitutional standing.
The hearing before Mr Justice Thomas C. Smyth is expected to take at least a week.