Judicial Conduct and Ethics

The report recommends that the Chief Justice set in train the establishment of a judicial body to handle complaints against members…

The report recommends that the Chief Justice set in train the establishment of a judicial body to handle complaints against members of the judiciary and consider judicial standards and ethics.

It pointed out that other common law jurisdictions have established self-disciplining bodies for the judiciary. As well as considering complaints, these bodies may also draft documents on judicial standards and conduct studies on judicial matters.

In proposing the setting-up of such a body in the State, the report stresses that this would be independent and under the control of the judiciary, it would be informal, be known and available to the public, and would publish reports annually.

It would also deal with the education of judges, liaising with the Judicial Studies Institute for this purpose.

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It would identify areas of concern and draw up conventions of judicial behaviour which are appropriate in Ireland, ultimately leading to a general code of ethics or guidelines which could be published.

One of the issues with which it would concern itself is that of delays, especially in the delivery of reserved judgments.

It makes clear that this body would not replace the present informal system where a complaint against an individual judge can be raised with the president of the court in which he sits (District, Circuit or High).