The Oireachtas committee investigating Judge Brian Curtin will decide today whether the judge is well enough for its investigation of him to continue.
Members of the committee spent yesterday trying to establish whether the judge's health is good enough for him to engage with them in a meaningful way, either in person at a hearing, or through lawyers.
If it decides he is not well enough, the committee will be unable to continue with its work, and it will be up to the Oireachtas to consider its next step in relation to the judge whom it is seeking to impeach.
If the committee decides he is well enough for it to proceed with its investigation, there could be legal challenges to its continuing work.
Judge Curtin has been asked to explain how he came to be charged with the possession of child pornography, of which he was acquitted last April, and the committee is due to report back to the Oireachtas.
The committee heard evidence from his doctors yesterday concerning his state of health. The meeting adjourned to reflect on the evidence overnight, and will resume this morning, along with the committee's legal advisers, to decide on the judge's fitness to give evidence and to instruct his lawyers.
At earlier hearings Judge Curtin's lawyers claimed that he was not well enough to give them instructions. The committee then ordered that his doctors and medical records be produced. After some delay, due to one of the doctors not being available, these were produced to the committee yesterday.
It is up to the committee to take a decision on the judge's fitness to participate in the process. If it decides he is not fit to instruct his legal team, or to speak to the committee himself, this will effectively bring its investigation to an end. There is no provision for the committee to produce an interim report to the Oireachtas.
If the committee decides the judge is well enough to participate in its investigation, that decision could be subject to legal challenge. In addition, the whole issue of examining the contents of the judge's computer, which Tralee Circuit Court ruled was seized illegally by gardaí as the warrant under which it was seized was out of date, is likely to be the subject of a separate legal challenge.
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 days after the court case. He was charged with this offence before Tralee District Court earlier this month, but the case was adjourned until December.