Former Circuit Court judge Brian Curtin has still not finalised his pension arrangements with the State, four months after he announced his resignation from the bench.
Judge Curtin (54) was taken off the State payroll from his €149,000-a-year job as soon as he informed the Government by letter on November 13th last that he was resigning.
His resignation followed his failed attempt to stop a Dáil committee from starting hearings into his conduct, which could have led to his impeachment. The impeachment proceedings started in June 2004 in the aftermath of the dismissal of charges against Judge Curtin for possession of child pornography as a Garda raid on his Tralee home was undertaken using an out-of-date warrant.
Article 35.1 of the Constitution provides for the removal of judges if they are found guilty of "stated misbehaviour".
The Irish Times understands Judge Curtin has not received any payment from the State since his resignation. The judge submitted medical evidence to the Department of Justice last November, and it is understood the chief medical examiner has still to determine if he is permanently incapacitated and eligible for early retirement.
When Judge Curtin resigned, Minister for Justice Michael McDowell said convincing medical evidence would have to be produced before a decision on his pension was made.
When contacted yesterday, the department said it could not comment on the case as it was a private matter between the former judge and his employers. However, sources said the pension issue was still under consideration and that the matter was being dealt with in the same manner as members of the public sector who retire early on grounds of disability.
Judge Curtin is set to qualify for a €19,000-a-year pension and a lump sum of €51,000 following his decision to resign.