A NEW SYSTEM of judicial selection is set to be implemented in Ireland this week, marking a significant change in how judges are appointed across the country.
Following the approval of the Judicial Appointments Commission Bill by the Seanad in July, a nine-person Commission comprising both judges and laypersons will replace the former Judicial Appointments Advisory Board.
For the first time, all candidates for judicial positions, including serving judges seeking promotion to higher courts, will be required to undergo formal interviews as part of the selection process.
Under the new system, the Commission will recommend three candidates for each vacant judicial position. The Government will then select one of these three nominees to be appointed by the President of Ireland, who constitutionally appoints all judges.
If the Government is dissatisfied with the recommended candidates, it can reject the recommendations and request that the Commission restart the process.
Chief Justice Donal O’Donnell, who will chair the Commission, described the change as “an important development in the history of the Irish judiciary” that will serve as “an important safeguard for judicial independence.”
“Public confidence in the judiciary begins with confidence in the system of judicial appointment,” O’Donnell stated.
The Commission’s membership includes the Presidents of the Court of Appeal, High Court, Circuit Court, and District Court, alongside two judges nominated by the Judicial Council. Four lay members appointed by the Minister for Justice and the non-voting Attorney General complete the body.
The legislation specifies that judicial recommendations will be “based on merit” while also including provisions for gender balance, diversity representation, and Irish language proficiency within the courts.
According to The Journal, candidates for judicial positions must have at least 10 years’ experience as a barrister or solicitor before being eligible for appointment to the District Court, and a minimum of 12 years’ experience for appointment to higher courts.
The Commission is expected to begin its first selection process for judicial vacancies in the coming days, with applications to be submitted through an online portal on the Commission’s soon-to-be-launched website.