A judicial body to deal with the disciplining, education and training of judges is likely to be recommended in a report to be published today. The report is by a committee set up under the chairmanship of the Chief Justice, Mr Justice Keane, in the wake of the Sheedy affair.
It is likely to recommend that the body be established on a statutory basis.
The report will be presented to the Government, which will consider what legislation is necessary.
The committee consists of the Chief Justice, Mr Justice Ronan Keane, the presidents of the High and Circuit courts, Mr Justice Fred Morris and Mr Justice Esmond Smyth, the former chairwoman of the working group on a Courts Commission, Ms Susan Denham, the chairman of the Law Reform Commission, Mr Justice Declan Budd, and the Attorney General, Mr Michael McDowell SC.
The committee was asked to consider the sixth and final report of the Courts Commission and the position in other common law jurisdictions, such as Canada, New South Wales, the US and New Zealand; to consult and receive submissions from other interested bodies; and to prepare a report on the setting up of a judicial body which would, among other things, handle complaints about judicial conduct.
Such complaints could come from other judges, legal practitioners or members of the public.
During the lengthy process of discussion and consultation that led to this report, judges were invited to hear speakers from other jurisdictions that had already established mechanisms for dealing with complaints against judges.
It is likely the report from the judicial committee will draw heavily on the experience of the Judicial Commission of New South Wales. This provides for a filtering process for complaints, leading eventually, if thought necessary, to an inquiry.
An issue likely to prove contentious will be non-judicial representation on such a body. It is likely that there will be some lay representation on it, to satisfy the demand for openness and accountability.
However, the demands for representation for the other branches of the legal profession, barristers and solicitors, are less likely to be met.
As many complaints against judges, especially in the lower courts, come from solicitors, the Law Society in particular would like representation on any body dealing with complaints.
If this is not in the report, it is likely the Law Society will lobby the Government to have it included. However, given the constitutional separation of powers, the Government may find it difficult to depart from the recommendations in the report from a committee set up by the judiciary itself.
The body proposed in the report is likely to also deal with the issue of judicial education and development. A judicial studies institute already exists, but it functions informally.