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The board of the body created to oversee the judiciary and maintain public confidence in the administration of justice is meeting today.
The judicial council meeting is understood to have been called on short notice as the controversy over Supreme Court Justice Seamus Woulfe continues.
The council, which is made up of all the judges in Ireland, met for the first time in February after its creation a year ago.
Their role includes maintaining public confidence in the administration of justice, as well as monitoring judicial conduct and performance.
Its judicial conduct committee is working on the drafting of guidelines for the presentation and resolution of complaints, and legislation in these areas has not yet entered into force.
This week a meeting of the council’s board, consisting of 11 members, including Chief Justice Frank Clarke, was called on short notice. It was scheduled to take place on Wednesday, but now it will happen today.
It is understood that there is no set agenda for the meeting and a “general discussion” will take place.
It comes in the midst of an unprecedented crisis for the Supreme Court following Mr. Justice Woulfe’s attendance at an Oireachtas Golf Society dinner in Galway in August.
The judicial council was responsible for publishing former Supreme Court Chief Justice Susan Denham’s review on the matter.
He also posted a transcript of her interview with Judge Woulfe and awarded her compensation in connection with any possible legal action related to the matter.
Judge Denham concluded that Judge Woulfe should not have attended the dinner, but that requests for his resignation would be unfair and disproportionate.
Judge Clarke published correspondence a week ago expressing the opinion that Judge Woulfe should resign due to the cumulative effect of the controversy and the way that Judge Woulfe had handled it ever since.
The correspondence showed that Judge Woulfe did not intend to resign, but was willing to accept any sanction imposed by the Chief Justice whereby he will not sit as a judge until February and resign his salary during that period.
The correspondence highlighted the depth of the division over the controversy.
The Chief Justice noted that he had received an email from Justice Woulfe after a meeting with three high-level colleagues on October 2.
Judge Clarke said that he had asked Judge Woulfe several times to confirm that he had not been suggesting any misconduct, and that Judge Woulfe had not addressed this.
The content of Justice Woulfe’s email from October 4 is understood to have caused particular concern among some of his colleagues on the Supreme Court.
The only way a judge can be removed from office is if Oireachtas members approve a motion to start such proceedings only on the grounds of “declared misconduct” or “incapacity.”
The outcome of today’s meeting of the Judicial Council Board will be watched with interest, particularly at Leinster House.
Labor Party leader Alan Kelly has said he intends to ask the Taoiseach again to write to Justice Clarke requesting the release of all correspondence between the Chief Justice and Justice Woulfe.
The Opposition also intends to continue to focus on the way Justice Woulfe was appointed to the Supreme Court.
They ask the Minister of Justice, Helen McEntee, to make a statement Dáil on the matter.
It emerged last week in an Irish Times report that she did not tell the Taoiseach that three sitting judges had expressed interest in the position.
There are no statements scheduled in the Dáil this week.
A government source has said that Justice Woulfe was recommended as a suitable candidate for the Supreme Court by the Judicial Appointments Advisory Board, chaired by the Chief Justice.
The source said that the appropriateness of a Dáil debate on this appointment process when the Oireachtas may have to consider other issues related to Judge Woulfe and the court would be highly questionable and could harm other processes the Oireachtas may have to undertake.
The source went on to say that such a debate could invade the role of the courts and it was a constitutional requirement that there be some distance between the powers of government.
Green Party leader Eamon Ryan said there was “no clear sense of action” to be taken immediately after last week’s discussions, but that it had been good to talk to all political parties on the matter.
Speaking on his way to the cabinet this morning, Mr. Ryan said he understands the calls being made for Minister McEntee to answer Dáil’s questions about the appointment of Justice Woulfe to the Supreme Court.
However, he said, we must be careful not to be debating public court appointments “in a personal way.”
“We have to be careful how we handle all of this.”
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