THE PRESIDENT of the High Court retires later this month, leaving the Government with the task of filling the second most senior position in the judiciary.
One of the tasks facing the Government in the next few weeks is deciding on a successor to Mr Justice Richard Johnson, who retires as President of the High Court on October 23rd.
Among those tipped to replace him are current Supreme Court judge Mr Justice Nicholas Kearns and judges of the High Court Mr Justice Frank Clarke, Mr Justice Paul Gilligan, Mr Justice Peter Kelly, Mr Justice Iarfhlaith O’Neill and Mr Justice Michael Peart.
The President of the High Court carries a heavy administrative burden, as he or she must ensure backlogs do not build up in the court, manage the court lists and assign judges to maximise the use of resources.
However, each judge is independent in the exercise of his or her duties, and the President has no power other than that of persuasion, so people skills are of the utmost importance.
The High Court President also has a number of statutory duties. Of these one of the most important is responsibility for wards of court – adults and children who are not capable of administering their own affairs.
Many of these are the victims of accident or medical mishap, who received substantial awards. These monies are administered by the courts.
The High Court President also has responsibility for the regulation of various professions, including solicitors, doctors and nurses. The High Court has the final say in whether members of these bodies should be disciplined, including by being struck off.
The current President, Mr Justice Johnson, has made very clear his disapproval of malpractice on the part of solicitors and any solicitor sent forward to his court by the statutory Solicitors Disciplinary Tribunal has received very short shrift indeed. The Law Society will be watching with interest to see who fills his shoes.
Despite the workload, the job is a sought-after one, as it places the holder in second place in the judicial hierarchy, and therefore well-placed to become Chief Justice when that position becomes vacant in three years’ time.
Contenders include, but are not limited to, judges considered close to one of the Government parties prior to appointment.
Among them is Mr Justice Kearns, one of the nine judges sitting on the board of the Courts Service, and the only member of the Supreme Court on it apart from the Chief Justice.
Mr Justice O’Neill also sits on this board, nominated to it by the Chief Justice “in respect of his experience or expertise in a specific area of court business”.
Mr Justice Gilligan’s name has also been mentioned in political/legal circles. Mr Justice Peart has no known political connections, but has been mentioned by former solicitor colleagues, as he was the first solicitor appointed to the High Court bench and is seen as doing a good job there. The topicality of regulation of the solicitors’ profession may be to his advantage.
Mr Justice Kelly also had no political connections, but is widely praised for his work in the Commercial Court.
However, this may also been seen as a reason to leave him there, especially now as its work increases in volume and importance.
The Referendum Commission is seen as having acquitted itself well during the Lisbon Referendum campaign, and much of the credit for this will go to its chairman, Mr Justice Clarke.
This might translate into his promotion, despite his past links with Fine Gael, though it may be thought a position on the Supreme Court, when it becomes vacant, may better suit his abilities.