Courts (Establishment and Constitution) Act, 1961

Vacation of judicial office and filling of vacancy.

6.—(1) In this section, the expression “judicial office” means an office being—

(a) the office of Chief Justice, President of the High Court, ordinary judge of the Supreme Court, ordinary judge of the High Court, President of the Circuit Court or ordinary judge of the Circuit Court, or

(b) the office of President of the District Court or justice of the District Court.

(2) A judicial office held by any person may be vacated by resignation in writing under his hand addressed to the President and transmitted to the Taoiseach.

(3) A judicial office held by any person shall be vacated by his being appointed, with his consent, to another judicial office.

(4) The office held by each person who, immediately before the commencement of this Act, was a judge or justice of any of the courts of justice mentioned in Article 58 of the Constitution shall be vacated by his being appointed, with his consent, to a judicial office.

(5) Each of the following Courts, namely, the Supreme Court, the High Court and the Circuit Court, shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of any judge of that Court.

(6) The District Court shall be deemed to be duly constituted during and notwithstanding any vacancy in the office of President or any justice thereof.

(7) Where a vacancy occurs in a judicial office, a person may be appointed to fill the vacancy.