The Minister for Justice, Mr McDowell, will introduce legislation for the policing of judicial ethics early in 2004, he has confirme
It will be based on the report of the judiciary's own Committee on Judicial Conduct and Ethics, which was published three years ago.
At the time the Chief Justice, Mr Justice Keane, appealed for speedy legislation to fill the vacuum in this area.
The proposed legislation will follow closely the recommendations in that report, according to a spokesman for the Minister, although it may diverge from it in some details.
That report recommended the setting up of a judicial council with three committees, a judicial conduct and ethics committee, a judicial studies and publications committee and a general committee.
The conduct and ethics committee would consider complaints about judicial conduct from members of the public, legal practitioners and anyone else in contact with the courts.
If the complaint was found to be serious, the committee would refer it to a three-member panel of inquiry, including one lay person and two judges, either serving or retired.
The lay person would be one of a panel of three appointed by the Attorney General from "people of standing in the community".
If the complaint was upheld, the committee could bring in a private reprimand, a public reprimand or a recommendation that a resolution be tabled in both houses of the Oireachtas calling for the removal of the judge from office.
The details of this disciplinary process, including the extent of lay participation, could be altered in the proposed legislation.
However, the Minister will be bound by the constitutional requirement that the judiciary is independent in the exercise of its duties.
The judicial studies committee of the proposed judicial council would continue the educational work of the Judicial Studies Institute, while the general committee would keep under review question of remuneration of working conditions of judges.