The procedure set up by the Oireachtas to investigate the alleged misbehaviour of the Circuit Court judge, Brian Curtin, was fundamentally concerned with whether the judge was a person in whom the public could have justifiable confidence, counsel for the State told the High Court yesterday.
Senior counsel Donal O'Donnell was opening the State's opposition to the challenge by Judge Curtin to the mechanism used by the Dáil and Seanad to investigate and gather evidence into his alleged misbehaviour. The judge claims that mechanism, a select committee, is unlawful and unconstitutional.
Mr O'Donnell said the people, from whom all power under the Constitution derived, were entitled to expect that, as part of the administration of justice, they would have justifiable confidence in the capacity of the judge to administer justice fairly, properly and impartially in their cases.
The procedure set up by the Oireachtas was not simply concerned with the removal of a judge, he said. It was fundamentally concerned with a question of whether the appointed judge was a person in whom the public could have justifiable confidence so they could be required to submit and have disputes about their lives and liberties and interests adjudicated upon by that judge. If the people could not have confidence in the person appointed to administer justice, that was less than the administration of justice to which the people were entitled.
Submissions made on behalf of Judge Curtin had misunderstood the role and function of a judge in the Constitution, counsel argued. It appeared there was a fundamental difference of view between counsel for the State and for Judge Curtin as to where a judge was located in the Irish Constitution.
It appeared Judge Curtin's lawyers conceived of the position of a judge and the independence of the judiciary as something which gave power, position and prestige. However, there could be no power without concomitant responsibilities.
Mr O'Donnell said the removal of a judge had never been part of the administration of justice in Irish courts but was always a separate function located in the Oireachtas. The hearing continues today.