Courts face ‘upheaval’ over key judicial vacancies

New details have emerged of senior judges’ retirement plans, with at least five members of the superior courts preparing to step down. Their departures mean the Government will have up to 15 key judicial vacancies to fill this year.

One Supreme Court judge and four members of the High Court bench will reach retirement age this year, and there is speculation that at least two other high-profile figures may step down before changes to the pension regime take effect in August.

The Government will also have 10 vacancies to fill on the Court of Appeal. Discussions are taking place between officials and senior judges with a view to having the new institution up and running in the autumn.

The High Court has lost four experienced judges in recent months, most recently Mr Justice John Cooke, who retired last month, and faces the departures of two more – Mr Justice Éamon de Valera and Ms Justice Maureen Clark – in the next two months.

Mr Justice Barry White and Mr Justice Daniel Herbert will reach retirement age later in the year, as will Mr Justice Nial Fennelly of the Supreme Court.

The president of the High Court, Mr Justice Nicholas Kearns, has told colleagues he intends to remain in the role until his retirement in 2016 to provide continuity in what will be a period of major upheaval for the court.

Public servants, including judges, who retire before August 31st will have their pensions and retirement lump sums based on their salaries before cuts introduced under the Haddington Road agreement. They would therefore avoid a tax of up to 70 per cent on any portion of their pensions above €115,000 a year.

One of the most sensitive areas in discussions about the new Court of Appeal is where its judges will come from.

The Government could promote High Court or Circuit Court judges, but that could leave gaps in key specialist areas, or it could appoint practising barristers and solicitors.

Initial informal soundings have been taken to gauge interest in the posts, but the pool of potential appointees will not become clear until legislation providing for the new court is published in the coming months.

This will set out salaries and pension entitlements for members of the new court. It will also clarify how the institution will operate.

Minister for Justice Alan Shatter has begun a review of the judicial appointments system, but reforms are unlikely to be in place in time for the creation of the Court of Appeal, which was approved by referendum last year and will sit between the Supreme Court and High Court.