Decision on next High Court president within days

Former minister of state and ex-chairman of referendum body among main contenders

Outgoing President of the High Court Mr Justice Nicholas Kearns (right): he retires later this month after six years in the post.  Photograph: Cyril Byrne
Outgoing President of the High Court Mr Justice Nicholas Kearns (right): he retires later this month after six years in the post. Photograph: Cyril Byrne

A former Fine Gael minister of state and a former chairman of the Referendum Commission are believed to be among the main contenders for appointment as the next president of the High Court.

A Government decision on the next holder of one of the most powerful legal positions in the State is expected within days, as the current president, Mr Justice Nicholas Kearns, retires later this month after six years in the post.

Former Fine Gael minister of state Mr Justice George Birmingham, now a judge of the Court of Appeal and formerly a High Court judge, and Mr Justice Kevin Cross, a High Court judge and former chairman of the Referendum Commission for the same-sex marriage referendum, are widely seen as leading the race to succeed Mr Justice Kearns.

Other names being suggested include Mr Justice Frank Clarke of the Supreme Court, Mr Justice Paul Gilligan of the High Court and Mr Justice Michael Peart of the Court of Appeal, a former solicitor.

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Female judges

Mr Justice Gilligan is regarded as a very able administrator of the busy High Court chancery list while Mr Justice Peart’s elevation would be particularly welcomed by solicitors.

Two female judges of considerable experience, Ms Justice Elizabeth Dunne of the Supreme Court and Ms Justice Mary Finlay Geoghegan of the Court of Appeal, are also suggested by some legal sources as possible contenders.

Mr Justice Cross, who presides over the High Court’s personal injuries list and is regarded as having played an important role in the same-sex marriage referendum, is believed to be Taoiseach Enda Kenny’s preferred choice.

Sources suggest there is more support within Cabinet, particularly from Minister for Finance Michael Noonan, for the appointment of Mr Justice Birmingham.

Strong contender

Mr Justice Gilligan has also emerged as a strong contender, according to some sources.

Sources stress that any speculation on the appointment of the president of the High Court is unpredictable

They point to the fact at least two of the last three incumbents of the post were not regarded as favourites for appointment.

Whoever succeeds Mr Justice Kearns faces a particularly challenging task.

The position involves managing and allocating up to 38 High Court judges across the various court lists and liaising with the Supreme Court and the presidents of the Court of Appeal, Circuit and District Courts .

The High Court president also hears cases and runs a series of lists, including solicitors, nurses and midwives, probate and wards of court.

The president also sits on the Council of State and on a wide range of committees, including the Judicial Studies Committee and Courts Service Board.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times