The Oireachtas committee investigating Judge Brian Curtin will meet again tomorrow to consider his claim that he is not in a fit state to appear before it.
His doctor is expected to give evidence. The doctor had been due to appear before the committee two weeks ago, along with his medical records, to explain the judge's medical circumstances. He was unable to appear, and the meeting was adjourned for two weeks.
Judge Curtin's lawyers had earlier argued that he was not well enough to give instructions about the circumstances leading to him being charged with possession of child pornography. He was acquitted in April when Judge Carroll Morgan ruled the warrant under which his computer was seized was out of date.
When Judge Curtin's lawyers argued that the judge was unfit to appear before the committee, it ordered that his doctor appear and that his medical records be produced. It is understood the doctor will appear tomorrow.
The judge spent almost two months in St John of God's psychiatric hospital in Dublin after his acquittal and following his arrest on suspicion of drink-driving. He was charged with this offence before Tralee District Court this month, but the case was adjourned until December.
The committee has the power to order the production of documents, and the medical records were ordered under this power. It can only be challenged in the High Court. It is not known if the order to produce the records will be challenged.