Former Circuit Court judge Brian Curtin has still not finalised his pension arrangements with the State, 2½ months after he announced he was resigning from the bench.
The former judge has to prove to a medical examiner that he is permanently incapacitated to qualify for his pension, but this process has still not been finalised, it is understood.
Judge Curtin (54) was taken off the State payroll immediately he informed the Government by letter on November 13th last that he was resigning.
His decision to resign followed his failed attempt to stop a Dáil committee from starting hearings into his conduct. The Government began impeachment proceedings in June 2004 under Article 35.1 of the Constitution, which provides for the removal of judges if they are found guilty of "stated misbehaviour".
The Dáil committee was established after charges of possession of child pornography against the judge were dismissed in April 2004 after it emerged that detectives had raided his Tralee home using a warrant that was a day out of date.
Judge Curtin is set to qualify for a €19,000-a-year pension and a lump sum of €51,000 following his decision to resign from the Circuit Court under Section 6 of the Courts (Establishment and Constitution) Act, 1961.
Under the Constitution, the pension entitlements of a judge are regulated by law and a judge who resigns owing to permanent infirmity may apply for the payment of a reduced pension.
The fact that Judge Curtin has served for more than five years on the Circuit Court - even though he was suspended from hearing cases after he was charged - means that he can receive a pension immediately the medical examiner is satisfied he is incapacitated.
When he resigned, Judge Curtin's solicitor, Robert Pierse, said in a statement that his client had resigned "with regret" and wished to leave it at that as "he has reached such a stage of ill-health that he cannot continue the fight and so has brought the matter to an end".