The government is expected to nominate Mr Justice Ronan Keane or Mr Justice Frederick Morris for appointment as Chief Justice to replace Mr Justice Liam Hamilton, who retires at the end of this month.
The decision may be made by the Cabinet today at its meeting in Ballaghaderreen, Co Roscommon. However, Government sources said last night the Taoiseach had not had a final discussion on the matter with the Tanaiste, Ms Harney, who returned from holiday yesterday, and the decision might therefore be postponed for a week.
The appointment does not have to be made until the end of the month, when Mr Justice Hamilton reaches the retirement age of 72. Government sources said last night that even if the decision was announced today, decisions on other posts arising from the appointment would be made at a later date.
Supreme Court judge Mr Justice Keane and the President of the High Court Mr Justice Morris have emerged as the two strongest contenders. The appointment of either would be relatively short as neither could serve a full seven-year term. Mr Justice Morris has less than two years to go to the retirement age, and Mr Justice Keane has less than four years. Mrs Justice Susan Denham, widely tipped as a future Chief Justice, is believed to be seen - and to consider herself - as relatively young for the position at the age of 54.
She has been widely praised for her work chairing the working group on the Courts Commission, which has been responsible for the greatest change in the working of the courts since the foundation of the State.
Mr Justice John Murray, the former attorney general who returned to Ireland from the European Court to a Supreme Court appointment last year, was mentioned in recent speculation about the post, but is considered an unlikely nominee because of his short experience in the Supreme Court.
The former Supreme Court judge Mr Hugh O'Flaherty was seen by many as the leading contender for the post until his resignation last year over the Sheedy controversy. Mr Justice Keane, a highly-experienced judge with particular expertise in planning matters, is believed to be favoured for the appointment by his Supreme Court colleagues. His appointment would create a vacancy for a new Supreme Court judge.
Mr Justice Morris is the most senior ranking judge in contention, and his appointment would create a vacancy for a new High Court president.