Judge Brian Curtin is now expected to initiate a constitutional challenge against the Oireachtas committee which is investigating whether he should be removed from office.
The judge is considered increasingly likely to mount a broad challenge against the establishment of the committee and its power to investigate a case which has already been dismissed by the courts.
Such an action raises the prospect of a court battle between the legislature and a member of the judiciary on fundamental issues relating to the separation of powers in the Constitution.
The Circuit Court judge was ordered last week to produce his personal computer to the inquiry which was set up after his acquittal on charges of possessing child pornography.
While the judge had been expected to challenge that order in the courts before the deadline of December 22nd, a wider challenge is now expected.
The committee, chaired by the Cork TD, Mr Denis O'Donovan, has given the Tralee judge three weeks to decide if he will obey a demand by the inquiry, oppose it in the courts or ignore it.
Any move to ignore the demand would lead to legal proceedings by the inquiry, which was set up after the Government moved a motion for the removal of Judge Curtin from office "for stated misbehaviour".
The judge was this week disqualified from driving for two years, fined €250 and had his licence endorsed after he admitted driving with almost three times the legal alcohol limit when stopped by gardaí earlier this year.
A medical report read to the court on Wednesday said the judge had sought admission to hospital on May 7th suffering from stress, depression and extreme anxiety.
The case against him for the possession of child pornography collapsed after it emerged that the warrant used by gardaí when seizing his computer was out of date.
