Judicial Council Act 2019
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Membership of Judicial Conduct Committee | ||
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44. (1) The Judicial Conduct Committee shall comprise the following 13 members: | ||
(a) the ex officio members specified in subsection (2) or their replacements nominated under subsection (3); | ||
(b) the members elected under subsection (4); | ||
(c) the lay members appointed under subsection (5). | ||
(2) Each of the following shall, ex officio, be a member of the Judicial Conduct Committee (in this Act referred to as an “ex officio member of the Judicial Conduct Committee”): | ||
(a) the Chief Justice, who shall act as chairperson of the Committee; | ||
(b) the President of the Court of Appeal; | ||
(c) the President of the High Court; | ||
(d) the President of the Circuit Court; | ||
(e) the President of the District Court. | ||
(3) An ex officio member of the Judicial Conduct Committee may from time to time nominate in writing another judge (other than an elected member of the Judicial Conduct Committee) of the court of which he or she is Chief Justice or President, as the case may be, to perform the functions of such ex officio member during such period or on such occasion or occasions as are specified in the nomination and references in this Act to that ex officio member of the Judicial Conduct Committee shall, during such period or in respect of such occasion or occasions, include references to a judge so nominated. | ||
(4) Three members of the Judicial Conduct Committee (in this Act referred to as “elected members of the Judicial Conduct Committee”) shall be elected by and from among— | ||
(a) the ordinary judges of the Supreme Court, | ||
(b) the ordinary judges of the Court of Appeal, | ||
(c) the ordinary judges of the High Court, | ||
(d) the ordinary judges and specialist judges of the Circuit Court, and | ||
(e) the judges, other than the President, of the District Court. | ||
(5) The Government shall appoint 5 persons to be members of the Judicial Conduct Committee (in this Act referred to as “lay members” of the Judicial Conduct Committee) from among such persons as are recommended by the Public Appointments Service in accordance with section 45 for appointment as such lay members. | ||
(6) A person shall not be eligible for appointment to be a lay member of the Judicial Conduct Committee— | ||
(a) if the person is a member of either House of the Oireachtas, the European Parliament or a local authority, | ||
(b) if, in the case of a person who was a member of either House of the Oireachtas, the European Parliament or a local authority and who has ceased to be such a member, a period of 5 years has not yet elapsed since he or she was a member of either such House, such Parliament or a local authority, | ||
(c) if the person is a judge or a former judge, | ||
(d) if the person is a judge or a former judge of— | ||
(i) the General Court of the European Union, | ||
(ii) the Court of Justice of the European Union, | ||
(iii) the European Court of Human Rights, | ||
(iv) the International Court of Justice, | ||
(v) the International Criminal Court, or | ||
(vi) an international tribunal, | ||
(e) if the person is an Advocate-General or a former Advocate-General of the Court of Justice of the European Union, | ||
(f) if the person is a practising barrister or solicitor, | ||
(g) if, in the case of a person who was a practising barrister or solicitor and who has ceased to be a practising barrister or practising solicitor, a period of 5 years has not yet elapsed since he or she last practised as a barrister or solicitor, or | ||
(h) if the person is a civil servant. | ||
(7) If a lay member of the Judicial Conduct Committee— | ||
(a) is nominated to be a member of Seanad Éireann, | ||
(b) is elected to be a member of either House of the Oireachtas or to be a member of the European Parliament, | ||
(c) is regarded pursuant to Part XIII of the Second Schedule to the European Parliament Elections Act 1997 as having been elected to be a member of the European Parliament, | ||
(d) is elected or co-opted to be a member of a local authority, | ||
(e) is appointed to be a judge of— | ||
(i) the General Court of the European Union, | ||
(ii) the Court of Justice of the European Union, | ||
(iii) the European Court of Human Rights, | ||
(iv) the International Court of Justice, | ||
(v) the International Criminal Court, or | ||
(vi) an international tribunal, | ||
(f) is appointed to be an Advocate-General of the Court of Justice of the European Union, | ||
(g) commences practice as a barrister or solicitor, or | ||
(h) becomes a civil servant, | ||
he or she shall thereupon cease to be a lay member of the Judicial Conduct Committee. | ||
(8) Of the lay members appointed to the Judicial Conduct Committee, not fewer than 40 per cent of them shall be women. |