The judiciary is to formally respond to the Government by the end of January on proposals to establish a body to regulate the State's judges.
The Irish Timeshas learned that the Chief Justice, Mr Justice John Murray, is to make a submission to Minister for Justice Michael McDowell on plans to set up a judicial council to provide a code of conduct for the judiciary and a procedure for complaints against judges for the first time in the history of the State.
The move comes as tension remains high between the Minister and judges over public criticism by Mr McDowell on bail and sentencing policy in the courts.
A number of senior judges did not attend a drinks reception hosted by Mr McDowell before Christmas in protest at his claim that they are "soft on bail".
Long awaited plans to establish the judicial council were put on hold pending the outcome of the inquiry by a Dáil committee into the conduct of Circuit Court Judge Brian Curtin following his acquittal of a charge of possessing child pornography because the warrant under which his computer was seized was out of date.
Following Judge Curtin's announcement in November of his retirement on health grounds before the start of the Dáil committee hearings, Mr McDowell announced plans for the judicial council were to go ahead.
There was widespread feeling in legal circles that the Curtin affair highlighted the urgency of legislation to provide for the regulation of judicial conduct and ethics.
A spokesman for the Court Service confirmed that Mr Justice Murray will be responding to Mr McDowell's draft proposals by the end of next month.
Last week, High Court judge Mr Justice Philip O'Sullivan called for the immediate introduction of the judicial council saying it could not come "a minute too soon" on his last day on the bench.
In previously unreported remarks made on his retirement on December 21st, Mr Justice O Sullivan said "trust and confidence" between lawyers and the court and the public was very important and the community had to have trust in the system.
"Roll on the judicial council," he said, adding that the judiciary should not be immune from the age of active criticism. Mr Justice O'Sullivan said he hoped the proposed new council would enable the processing of complaints against the judiciary.
Mr McDowell's draft Judicial Council Bill provides for:
• A code of ethics for judges ;
• A process for the investigation of complaints about judicial misbehaviour;
• Lay participation in the council;
• A mechanism for judicial education and training;
• Exchange of information among judges on such matters as sentencing.
The Bill will build on the report of the committee on judicial conduct and ethics chaired by the former chief justice, Ronan Keane, and published in 2000.
It is understood Judge Brian Curtin has made contact with the Department of Justice in recent weeks to finalise his pension arrangements.
Judge Curtin is eligible for one-eighth of his salary if he vacates his office for reason "of age or permanent infirmity".
He has to satisfy the State he retired on health grounds before his pension can be finalised. It is understood he has submitted medical documents outlining his medical condition to the Department of Justice.