Judges applaud Chief Justice Frank Clarke as he retires

Judges, lawyers and court staff turned out in large numbers outside the Four Courts on Friday to applaud Chief Justice Frank Clarke on his retirement.

The Chief Justice, unaware his colleagues had organised the gathering in the judges yard of the Four Courts, was clearly surprised when he arrived at the building about 9.30am, accompanied by his wife, Professor Jacqueline Hayden, son Ben and daughter Charlotte. He thanked all who attended.

Warm tributes were delivered in the Supreme Court shortly afterwards to the Chief Justice before a gathering of his family, friends and colleagues, which was kept to a small number due to Covid-19 restrictions,

Incoming Chief Justice Donal O’Donnell said the sheer scale of his colleague’s judgments, ranging over practically every area of law, was “breathtaking”.

His judgments were models “of clarity rather than cleverosity”, and included the landmark decisions concerning the separation of powers in separate cases brought by former Rehab CEO Angela Kerins and businessman Denis O’Brien.

Attorney General Paul Gallagher thanked Chief Justice Clarke on behalf of the Government and State for his decades of service, saying he had “moved seamlessly in life through many great achievements, all the time maintaining the modesty, courtesy and kindness that was the hallmark of his time as a barrister and judge”.

The Attorney also praised the Chief Justice for his important role in steering the courts through the challenges of the coronavirus pandemic.

Tributes were also paid by Séamus Clarke SC, on behalf of the Bar Council; Law Society President James Cahill; Courts Service CEO Angela Denning; Judicial Council secretary Kevin O’Neill and Supreme Court registrar John Mahon.

In reply, Chief Justice Clarke thanked his family, friends and all who had worked with and for him over the decades.

He was lucky enough to have been appointed a judge some 17 years ago and had always found his colleagues helpful, he said. “I can’t recall a bad word with anyone.”

On a collegiate court like the Supreme Court, the ability to maintain a professional relationship even when judges disagree on decisions is especially important, he said.

He said he had not experienced rancour, even when judges sharply disagreed such as in the DPP v JC case when the court spilt 4/3 in favour of moving away from the absolute exclusionary rule concerning evidence improperly obtained.

He said he liked to think his outside interests, including a great love of sport, had kept him grounded.

Judges are sometimes criticised in public for living in ivory towers but also criticised when seen at outside events, which can keep them grounded and a balance is necessary, he said.

The Chief Justice said he has many good memories of the Supreme Court, including it being the place where he was called to the Bar, appointed a High Court judge, a Supreme Court judge and ultimately Chief Justice.

It was also the place where he appeared as a young junior counsel in the landmark 1976 Healy O’Donoghue case which established a constitutional right to legal aid in criminal cases.

“If I have made a difference in my time and place, I will be happy,” he said.

Concluding, he recalled participating in a performance of Shakespeare’s Hamlet in his secondary school, Drimnagh Castle, and Hamlet’s last words, “The rest is silence”, as he lay dying as a result “of a fencing match breaking all the rules”.

Amending those final words, the Chief Justice said: “The rest is silence, but then again, maybe not.”

Born in Walkinstown, Dublin, the Chief Justice’s retirement comes just two days before his 70th birthday.

He attended UCD and the Kings Inns, was called to the Bar in 1973 and appointed a High Court judge in 2004. Eight years later, he was appointed to the Supreme Court and became Chief Justice in 2017.