JUDICIAL COUNCIL ACT 2019

• (4) For the purposes of this section, the Secretary is not a member of the staff of the Council.

36. Advances to Council

F8[36. The Minister may, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, determine the amount or amounts, for the purposes of expenditure by the Council in the performance of its functions, which shall from time to time be advanced by the Courts Service to the Council out of moneys provided to it by the Oireachtas.]

37. Annual report of Council

37. (1) As soon as practicable, but in any case not later than 6 months, after the end of each financial year of the Council, the Council shall prepare, and submit to the Minister, a report (in this section referred to as the “annual report”) in writing of its activities during that year.

• (2) If, under subsection (1), the first annual report would relate to a period of less than 6 months, that report shall, notwithstanding that subsection, instead relate to the activities of the Council during that period and the financial year of the Council immediately following that period and the Council shall prepare, and submit to the Minister, the first annual report as soon as may be, but not later than 6 months, after the end of that financial year.

• (3) The annual report shall include information on the performance of the functions of the Council during the period to which it relates and such other information in such form as the Council considers appropriate.

• (4) The Minister shall as soon as may be after the receipt by him or her of the annual report cause copies of the report to be laid before each House of the Oireachtas.

• (5) The Council shall ensure that, as soon as practicable after copies of the annual report are laid before the Houses of the Oireachtas under subsection (4), the report is published in such manner as the Council considers appropriate.

38. Accounts of Council

38. (1) The Council shall keep, in such form and in respect of such accounting periods as may be approved by the Minister and the Minister for Public Expenditure and Reform, all proper and usual accounts of moneys received and expended by it, including an income and expenditure account and a balance sheet.

• (2) Not later than 3 months after the end of each accounting period, the Council shall submit the accounts kept under this section in respect of that period, signed by the Secretary, to the Comptroller and Auditor General for audit.

• (3) Immediately after the audit by the Comptroller and Auditor General of the accounts submitted to him or her in accordance with subsection (2), the Council shall present to the Minister copies of—

• (a) the audited accounts, including the income and expenditure account, the balance sheet and such other (if any) accounts kept under this section as the Minister, after consulting with the Minister for Public Expenditure and Reform, may direct, and

• (b) the report of the Comptroller and Auditor General on the accounts.

• (4) As soon as practicable after the presentation to him or her of the audited accounts of the Council and the report of the Comptroller and Auditor General thereon, the Minister shall cause copies of them to be laid before each House of the Oireachtas.

39. Accountability of Council to Public Accounts Committee

39. (1) The Secretary shall, whenever required in writing to do so by the Committee of Dáil Éireann established under the Standing Orders of Dáil Éireann to examine and report to Dáil Éireann on the appropriation accounts and reports of the Comptroller and Auditor General, give evidence to that Committee on—

• (a) the regularity and propriety of the transactions recorded, or required to be recorded, in any book or other record of account subject to audit by the Comptroller and Auditor General that the Council is required by this Act to prepare,

• (b) the economy and efficiency of the Council in the use of its resources,

• (c) the systems, procedures and practices employed by the Council for the purpose of evaluating the effectiveness of its operations, and

• (d) any matter affecting the Council referred to in a special report of the Comptroller and Auditor General under section 11(2) of the Comptroller and Auditor General (Amendment) Act 1993 or any other report of the Comptroller and Auditor General (in so far as it relates to a matter specified in paragraph (a), (b) or (c)) that is laid before Dáil Éireann.

• (2) In the performance of his or her duties under this section, the Secretary shall not question or express an opinion on the merits of any policy of the Government or any Minister of the Government or on the merits of the objectives of such a policy.

40. Accountability of Council to other Oireachtas committees

40. (1) Subject to subsection (2), the Secretary shall, at the request in writing of an Oireachtas committee, attend before it to give account for the general administration of the Council.

• (2) The Secretary shall not be required to give account before an Oireachtas committee for any one or more of the following:

• (a) the exercise by a judge of his or her judicial functions;

• (b) any matter which is, or has been or may at a future date be the subject of proceedings before a court or tribunal in the State;

• (c) any matter concerning a judge which is, or has been or may at a future date be the subject of an investigation by the Judicial Conduct Committee.

• (3) Where the Secretary is of opinion that a matter in respect of which he or she is requested to give an account before an Oireachtas committee is a matter to which subsection (2) applies, he or she shall, as soon as practicable, seek the opinion of the Board thereon.

• (4) If the Board is of opinion that the matter concerned is one to which subsection (2) applies, the Secretary shall inform the Oireachtas committee of the opinion and the reasons for the opinion and, unless the information is conveyed to the Oireachtas committee at the time when the Secretary is before it, the information shall be conveyed to the Oireachtas committee in writing.

• (5) If the Board is of opinion that the matter concerned is not one to which subsection (2) applies, the Secretary shall attend before the Oireachtas committee to give account for the matter.

• (6) Where the Secretary has informed an Oireachtas committee of the opinion of the Board in accordance with subsection (4) and the Oireachtas committee does not withdraw the request referred to in subsection (1) in so far as it relates to the subject matter of that opinion—

• (a) the Secretary may, not later than 21 days after being informed by the Oireachtas committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (2) applies, or

• (b) the chairperson of the Oireachtas committee may, on behalf of the Oireachtas committee, make such an application,

and the High Court shall determine the matter.

• (7) Pending the determination of an application under subsection (6), the Secretary shall not attend before the Oireachtas committee to give account for the matter that is the subject of the application.

• (8) If the High Court determines that the matter concerned is one to which subsection (2) applies, the Oireachtas committee shall withdraw the request referred to in subsection (1) but if the High Court determines that subsection (2) does not apply, the Secretary shall attend before the Oireachtas committee to give account for the matter.

• (9) In the performance of his or her duties under this section, the Secretary shall not question or express an opinion on the merits of any policy of the Government or any Minister of the Government or on the merits of the objectives of such a policy.

• (10) In this section “Oireachtas committee” means—

• (a) a committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 39 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann), or

• (b) a sub-committee of a committee falling under paragraph (a).

41. Prohibition on disclosure of confidential information

41. (1) A person shall not, unless he or she is required or permitted by law or duly authorised by the Council to do so, disclose confidential information obtained by him or her while performing functions—

• (a) as a member of the Council, the Board or a committee, or

• (b) as the Secretary, Registrar or a member of staff of the Council, or as a consultant, adviser or other person who is or was engaged under contract or other arrangement by the Council.

• (2) A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a class A fine.

• (3) In this section, “confidential information” includes—

• (a) information that is expressed by the Council, the Board or a committee to be confidential either as regards particular information or as regards information of a particular class or description, and

• (b) proposals of a commercial nature or tenders submitted to the Council, the Board or a committee by consultants, advisers or any other person.

PART 5 Judicial Conduct Committee

Chapter 1 Application of Part

42. Application of Part

42. (1) Subject to subsection (2), this Part shall apply to conduct alleged to constitute judicial misconduct that occurred or is alleged to have occurred after the commencement of this Part.

• (2) Where there is more than one alleged incident of the conduct that is alleged to constitute judicial misconduct, with one or more such incidents having occurred or alleged to have occurred before the commencement of this Part and one or more such incidents having occurred or alleged to have occurred after such commencement, this Part shall apply only in relation to the alleged incidents of such conduct as have occurred or are alleged to have occurred after such commencement.

• (3) This Part shall not apply to a complaint concerning a judge who, at the time of the making of the complaint, has ceased to be a judge.

• (4) This Part shall cease to apply to a complaint if the judge in respect of whom the complaint was made ceases to be a judge—

• (a) before the referral of the complaint for resolution by informal means under Chapter 4 or the initiation of an investigation of the complaint under Chapter 5,

• (b) during the course of the resolution of the complaint by the informal means process under Chapter 4 or the conduct of an investigation of the complaint under Chapter 5, or

• (c) before the proposal by the Minister of an Article 35.4.1°; motion, within the meaning of section 80, in Dáil Éireann or Seanad Éireann in respect of the judge where the Judicial Conduct Committee is considering the making of, has determined that it should make or has made a referral under that section arising from the complaint,

and, in circumstances to which paragraph (b) or (c) applies, the said resolution by the informal means process, the conduct of the investigation of the complaint or, if appropriate, the process for the making of a referral under section 80, as the case may be, shall be discontinued.

• (5) The Registrar shall, in circumstances to which subsection (4) applies, inform the complainant concerned and the former judge concerned in writing that this Part has ceased to apply to the complaint concerned by reason of the fact that the judge concerned has ceased to be a judge.

Chapter 2 Judicial Conduct Committee

43. Judicial Conduct Committee

43. (1) The Council shall—

• (a) establish a committee which shall be known as the Judicial Conduct Committee, and

• (b) at the first meeting of the Council, specify the date upon which that Committee shall stand established which shall be a date not later than 6 months following that first meeting.

• (2) The function of the Judicial Conduct Committee shall be to promote and maintain high standards of conduct among judges, having regard to the principles of judicial conduct requiring judges to uphold and exemplify judicial independence, impartiality, integrity, propriety (including the appearance of propriety), competence and diligence and to ensure equality of treatment to all persons before the courts.

• (3) Without prejudice to the generality of subsection (2), the Judicial Conduct Committee—

• (a) shall consider complaints and refer them for resolution by informal means or undertake investigations into the conduct of individual judges in accordance with this Part,

• (b) shall take such action, if any, in accordance with this Part as it considers necessary for the purposes of safeguarding the administration of justice whether as a result of its consideration of a complaint and its referral for resolution by informal means or the undertaking of an investigation under this Part or otherwise,

• (c) shall prepare and publish guidelines providing for the resolution by informal means of complaints that are determined to be admissible under this Part,

• (d) shall, not later than 12 months after its establishment, prepare and submit to the Board for its review draft guidelines concerning judicial conduct and ethics, which guidelines shall include guidance as to the matters a judge should consider when deciding whether he or she should recuse himself or herself from presiding over legal proceedings, for adoption by the Council,

• (e) may of its own volition or, shall, on the request of the Board or the Council, prepare and submit to the Board for its review draft amendments to guidelines concerning judicial conduct and ethics adopted by the Council, and

• (f) may provide such advice and recommendations to an individual judge or to judges generally on judicial conduct and ethics as it sees fit.

• (4) The Judicial Conduct Committee shall, subject to this Act, be independent in the performance of its functions.

• (5) The Judicial Conduct Committee shall have all such powers as are necessary or expedient for the performance of its functions.

• (6) The Judicial Conduct Committee may obtain legal, medical or other advice in connection with the performance of any of its functions.

• (7) The Judicial Conduct Committee shall, in relation to the functions conferred on it by this Act—

• (a) bring or defend legal proceedings, or

• (b) do any other act or thing that is necessary for the performance of those functions,

in the name of the Council.

44. Membership of Judicial Conduct Committee

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.

45. Recommendations for appointment of lay members of Judicial Conduct Committee

45. (1) The Government shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Government persons who it is satisfied are suitable for appointment to be lay members of the Judicial Conduct Committee and, accordingly, the Public Appointments Service shall comply with that request and, following the conduct of such a selection process, make a recommendation to the Government in respect of persons who participated in such process in relation to whom it is so satisfied.

• (2) Subject to subsection (3) and section 44(6), the Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section.

• (3) For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of the Judicial Conduct Committee will, among them, possess knowledge of, and experience in, as many as possible of the following matters:

• (a) the maintenance of standards in professions regulated by a statutory or other body;

• (b) dealing with complaints made against members of such professions;

• (c) mediation or other mechanisms for alternative dispute resolution;

• (d) the administration of justice;

• (e) the management and provision of services to members of the public.

• (4) Subject to subsection (3), the Public Appointments Service shall not make a recommendation under this section in respect of a person unless it is satisfied that the person possesses such relevant experience, qualifications, training or expertise as is appropriate having regard to the functions of the Judicial Conduct Committee as would render him or her suitable to be a lay member of the Judicial Conduct Committee.

• (5) The Public Appointments Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person in respect of whom it makes a recommendation under this section.

• (6) This section shall, with any necessary modifications, apply in relation to the filling of any vacancy that arises in the lay membership of the Judicial Conduct Committee.

46. Term of membership of Judicial Conduct Committee

46. (1) A nomination under section 44(3) shall—

• (a) cease to have effect upon—

• (i) the expiration of the period or the passing of the occasion or occasions, as the case may be, specified in the nomination, or

• (ii) the rescinding of the nomination by the ex officio member of the Judicial Conduct Committee who made the nomination,

• (b) where the ex officio member of the Judicial Conduct Committee who made the nomination ceases to hold the judicial office by virtue of which he or she became such ex officio member, cease to have effect upon that ex officio member ceasing to hold that office,

• (c) where the judge in respect of whom the nomination was made ceases to hold the judicial office by virtue of which he or she was so nominated, cease to have effect upon his or her ceasing to hold that office, or

• (d) where the judge in respect of whom the nomination was made by notice in writing given or sent to the ex officio member of the Judicial Conduct Committee indicates that he or she does not wish to continue to perform the functions concerned, cease to have effect upon the receipt of that notice by that ex officio member.

• (2) Subject to section 47(3), each elected member of the Judicial Conduct Committee and, subject to section 47(4), each lay member of the Judicial Conduct Committee shall continue to be a member of the Committee for a term of 4 years from the date of his or her election or appointment, as the case may be, unless he or she sooner dies, resigns, becomes ineligible for membership or, in the case of a lay member, is removed from membership of the Committee.

• (3) Subject to subsection (4), an elected member of the Judicial Conduct Committee or a lay member of the Judicial Conduct Committee whose term of membership expires with the passage of time shall be eligible for re-election or re-appointment to the Committee for a further term of 4 years as an elected member or lay member, as the case may be, of that Committee.

• (4) An elected member of the Judicial Conduct Committee or a lay member of the Judicial Conduct Committee who has served 2 terms as a member of that Committee shall not be eligible for re-election or re-appointment to the Committee as an elected member or lay member, as the case may be, other than in accordance with subsection (5).

• (5) An elected member of the Judicial Conduct Committee or a lay member of the Judicial Conduct Committee who has served 2 terms as a member of that Committee shall be eligible for re-election or re-appointment to the Committee as an elected member or lay member, as the case may be, after a period of 4 years has elapsed from the date of the expiration of his or her most recent term of membership of the Judicial Conduct Committee as such an elected member or lay member, as the case may be.

• (6) An elected member of the Judicial Conduct Committee may resign from that Committee by notice in writing given or sent to the chairperson of the Committee and the resignation shall take effect on the day on which the chairperson receives the notice.

• (7) A lay member of the Judicial Conduct Committee may resign from that Committee by notice in writing given or sent to the Minister and the resignation shall take effect on the day on which the Minister receives the notice.

• (8) The lay member of the Judicial Conduct Committee concerned shall give or send a copy of the notice under subsection (7) to the chairperson of the Judicial Conduct Committee when he or she gives or sends the notice to the Minister or as soon as practicable thereafter.

• (9)
• (a) An elected member of the Judicial Conduct Committee who is appointed to a judicial office referred to in any of paragraphs (a) to (d) of section 44(4) other than the one that he or she held when he or she was so elected shall continue to be an elected member of the Judicial Conduct Committee.

• (b) Where an elected member of the Judicial Conduct Committee ceases to be a judge, he or she shall thereupon cease to be a member of the Committee.

• (10) The Government may at any time remove from the Judicial Conduct Committee a lay member of the Judicial Conduct Committee if the Government is satisfied that the lay member—

• (a) has become incapable through ill health of effectively performing the functions of the office,

• (b) has committed stated misbehaviour,

• (c) has a conflict of interest of such significance that he or she should cease to hold office, or

• (d) is otherwise unfit to hold office or unable to discharge the functions of the office.

• (11) The Judicial Conduct Committee may act notwithstanding any vacancy in its membership provided there are not less than—

• (a) 4 members of the Committee who are judges, and

• (b) 3 lay members of the Committee.

47. Casual vacancies in membership of Judicial Conduct Committee

47. (1) Where an elected member of the Judicial Conduct Committee dies, retires or resigns from judicial office, resigns from the Judicial Conduct Committee in accordance with subsection (6) of section 46 or ceases to be a member of that Committee under subsection (9)(b) of that section, the vacancy so occasioned shall be filled by a judge elected to be a member of the Judicial Conduct Committee in the same manner as the member of the Committee who occasioned the vacancy was elected.

• (2) Where a lay member of the Judicial Conduct Committee dies, resigns from the Judicial Conduct Committee in accordance with section 46(7), ceases to be a member of the Committee under section 44(7) or is removed from that Committee under section 46(10), the vacancy so occasioned shall be filled by a person appointed to be a lay member of the Judicial Conduct Committee in the same manner as the member of the Committee who occasioned the vacancy was appointed.

• (3) The term of office of an elected member of the Judicial Conduct Committee elected in accordance with subsection (1) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

• (4) The term of office of a lay member of the Judicial Conduct Committee appointed in accordance with subsection (2) shall be for the unexpired period of the term of membership of the member of the Committee whom he or she has replaced.

• (5) A term of membership of the Judicial Conduct Committee of any duration resulting from an election or appointment in accordance with subsection (1) or (2) shall be regarded as a term of membership for the purposes of subsections (4) and (5) of section 46.

48. Meetings and procedures of Judicial Conduct Committee

48. (1) The Judicial Conduct Committee shall hold such and so many meetings as may be necessary for the performance of its functions.

• (2) The first meeting of the Judicial Conduct Committee shall be held not later than 1 month after the date on which the Committee stands established under section 43(1)(b).

• (3) At a meeting of the Judicial Conduct Committee—

• (a) the chairperson of that Committee shall, if present, be the chairperson of the meeting, or

• (b) if and so long as the chairperson of that Committee is not present, the next most senior judge present shall be the chairperson of the meeting.

• (4) Every question at a meeting of the Judicial Conduct Committee shall be determined by a majority of the votes of the members of the Judicial Conduct Committee present and voting on the question and, in the case of an equal division of the votes, the chairperson of the meeting shall have a second or casting vote.

• (5) The quorum for a meeting of the Judicial Conduct Committee shall be 5, of whom—

• (a) not fewer than 3 shall be ex officio members of the Judicial Conduct Committee or elected members of the Judicial Conduct Committee, and

• (b) not fewer than 2 shall be lay members of the Judicial Conduct Committee.

• (6) Subject to this Act and any procedures specified by it under section 52, the Judicial Conduct Committee shall regulate its own procedures.

49. Registrar to Judicial Conduct Committee

49. (1) The Secretary or a member of the staff of the Council who is designated under section 34(5) to perform the functions of the Secretary shall, in addition to the functions conferred on the Secretary by this Act, act as secretary to the Judicial Conduct Committee and, when so acting, shall be known as the Registrar to the Judicial Conduct Committee (in this Act referred to as the “Registrar”).

• (2) The Registrar shall not be a member of the Judicial Conduct Committee but he or she may, in accordance with procedures specified by the Judicial Conduct Committee, attend meetings of the Committee and shall be entitled to speak and give advice at such meetings.

• (3) The Registrar shall not attend meetings of the Complaints Review Committee.

Chapter 3 Complaints

50. Complaints

50. (1) A complaint concerning the conduct of a judge (in this Act referred to as the “judge concerned”) that is alleged to constitute judicial misconduct may be made to the Registrar in accordance with the procedures specified by the Judicial Conduct Committee under section 52 by a person who is directly affected by, or who witnessed, the conduct.

• (2) A complaint may be made under subsection (1) on behalf of—

• (a) a child, by a parent or guardian of the child, or

• (b) a person who is unable to make the complaint himself or herself by reason of a mental or physical incapacity, by a person duly authorised by law to act on behalf of the first-mentioned person.

• (3) A complaint may be made under subsection (1) on behalf of a solicitor who is a member of the Law Society of Ireland by a duly authorised officer of the Law Society of Ireland.

• (4) A complaint may be made under subsection (1) on behalf of a barrister who is F9[a member of the Law Library] by a duly authorised officer of the General Council of the Bar of Ireland.

• (5) The Registrar shall, as soon as practicable after the receipt of a complaint, notify the judge concerned of the complaint and provide him or her with—

• (a) the name of the complainant, and

• (b) particulars of the complaint.

• (6) Where a complaint is made in accordance with subsection (2), (3) or (4) on behalf of a complainant referred to in each of those subsections by another person, any requirement in this Part to notify the complainant of any matter relating to the complaint or to send a draft report or notice to the complainant shall be construed as a requirement to notify that other person or to send the draft report or notice to that other person, as may be appropriate.

51. Time limit for making complaints

51. (1) Subject to subsections (2) and (3), a complaint shall be made not later than 3 months after the date of the occurrence or alleged occurrence of the conduct alleged to constitute judicial misconduct that occasioned the complaint.

• (2) Where a complaint relates to more than one incident of the occurrence or alleged occurrence of the conduct of the judge concerned that is alleged to constitute judicial misconduct, the complaint in relation to such conduct shall be made not later than 3 months after the date of the last occurrence or alleged occurrence of that conduct.

• (3) The Judicial Conduct Committee may, on referral of a complaint or a part of a complaint, by the Registrar under section 53(5) or by the Complaints Review Committee under section 56(4), determine that it is just and equitable, having regard to the nature of the conduct or alleged conduct to which the complaint, or the part of the complaint so referred, relates and any other relevant circumstances, for the period referred to in subsection (1) or (2), as may be appropriate, for the making of the complaint to be extended so that the complaint, or the part of the complaint so referred, as the case may be, is admissible.

52. Procedures of Judicial Conduct Committee relating to complaints or matters relating to judicial conduct

52. (1) The Judicial Conduct Committee shall, subject to this Part, specify procedures relating to—

• (a) the making and investigation of complaints under this Part,

• (b) investigations under section 59, and

• (c) the making of determinations by it under this Part.

• (2) In specifying procedures under subsection (1), the Judicial Conduct Committee shall have regard to the need for it to perform its functions in an effective manner and in accordance with fair procedures.

• (3) Without prejudice to the generality of subsection (1), procedures specified under this section may make provision in relation to the following:

• (a) the making of a complaint;

• (b) the determination of the admissibility of a complaint;

• (c) the resolution of a complaint by informal means;

• (d) the investigation of a complaint by a panel of inquiry;

• (e) the making of a determination by the Judicial Conduct Committee under section 79;

• (f) the steps and processes to be followed by the Judicial Conduct Committee and a panel of inquiry for the purposes of an investigation under section 59;

• (g) a referral by the Judicial Conduct Committee under section 80 within the meaning of that section to the Minister and the steps and processes to be followed by the Judicial Conduct Committee and a panel of inquiry with regard to such a referral;

• (h) the period within which anything is required to be done under this Part.

• (4) The Judicial Conduct Committee shall publish procedures specified by it under this section in such manner as it considers appropriate.

53. Admissibility of complaints

53. (1) On receiving a complaint, the Registrar shall determine whether or not the complaint is admissible.

• (2) Subject to subsection (3), a complaint is admissible if—

• (a) the complaint is made by a person authorised under section 50 to make a complaint,

• (b) the conduct alleged could, if substantiated, constitute judicial misconduct by the judge concerned,

• (c) the complaint is made within the period specified in subsection (1) or (2), as may be appropriate, of section 51 or any extension of that period under subsection (3) of that section,

• (d) the complaint is not frivolous or vexatious, and

• (e) the complaint is made in compliance with procedures for that purpose specified by the Judicial Conduct Committee under section 52.

• (3) A complaint that relates solely to—

• (a) conduct by the judge concerned in proceedings before him or her in respect of which a remedy has already been provided or may be provided if pursued by the complainant—

• (i) in those proceedings,

• (ii) on appeal from a decision of the judge concerned in those proceedings or on any further appeal from such an appeal until those proceedings are finally determined,

• (iii) in proceedings by way of judicial review of any decision of the judge concerned in the proceedings before that judge, or

• (iv) in any other proceedings,

or

• (b) the merits of a decision in proceedings before the judge concerned,

is not admissible.

• (4) Where the Registrar determines that a complaint is admissible in whole or in part, he or she shall refer—

• (a) the complaint, or

• (b) in the case of a complaint that is admissible in part only, the part of the complaint that he or she determines to be admissible (which, following that determination but subject to section 56(8), is deemed to constitute the complaint for the purposes of this Act),

to the Judicial Conduct Committee to be dealt with in accordance with section 60.

• (5) Where the Registrar is satisfied that a complaint, or a part of a complaint, would be admissible but for its having been made after the expiration of the period specified in subsection (1) or (2), as may be appropriate, of section 51, he or she shall refer the complaint, or that part of the complaint, to the Judicial Conduct Committee for its determination under subsection (3) of that section as to whether that period should be extended and, in the event of such an extension, the complaint, or that part of the complaint, shall be dealt with in accordance with section 60.

54. Notification following determination of whether or not complaint is admissible

54. (1) Where the Registrar makes a determination under section 53 that a complaint, or a part of a complaint, is inadmissible and does not refer the complaint, or that part of the complaint, to the Judicial Conduct Committee under subsection (5) of that section, he or she shall—

• (a) notify the complainant and the judge concerned in writing of—

• (i) his or her determination, and

• (ii) the complainant’s entitlement under section 56 to seek a review of the determination,

• (b) include in the notification the reasons for the determination, and

• (c) subject to section 56, take no further action in relation to the complaint.

• (2) Where the Registrar makes a determination under section 53 that a complaint, or a part of a complaint, is admissible or refers a complaint, or a part of the complaint, to the Judicial Conduct Committee under subsection (5) of that section, the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge concerned in writing of the determination or referral, as the case may be.

• (3) Following a determination by the Judicial Conduct Committee under section 51(3) as to whether the time for the making of a complaint, or a part of a complaint, as the case may be, shall be extended, the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge concerned in writing of the determination and the reason therefor and whether or not the complaint, or the part of the complaint, concerned is thereby admissible.

55. Complaints Review Committee

55. (1) The Judicial Conduct Committee shall establish a committee to be known as the Complaints Review Committee to review, in accordance with section 56, the admissibility of complaints, or parts of complaints, that have been determined by the Registrar to be inadmissible.

• (2) The Complaints Review Committee shall comprise 3 members appointed by the Judicial Conduct Committee, of whom 2 shall be ex officio members of the Judicial Conduct Committee or elected members of the Judicial Conduct Committee and one shall be a lay member of the Judicial Conduct Committee.

• (3) Every person appointed under subsection (2) to be a member of the Complaints Review Committee shall serve as a member of the Committee for a term, to be specified in writing at the time of his or her appointment, of not less than one year and not more than 2 years from the date of his or her appointment.

• (4) Subject to subsection (5), a member of the Complaints Review Committee whose term of membership expires with the passage of time shall be eligible for re-appointment to the Committee for a further term, to be specified in writing at the time of his or her re-appointment, of not less than one year and not more than 2 years from the date of his or her re-appointment.

• (5) A member of the Complaints Review Committee who has served 2 terms of membership shall not be eligible to serve a further term as a member of the Committee other than in accordance with subsection (6).

• (6) A member of the Complaints Review Committee who has served 2 terms of membership shall be eligible for re-appointment to the Committee after a period of 2 years has elapsed immediately following the expiration of his or her most recent term of membership of the Committee.

• (7) A member of the Complaints Review Committee may resign from his or her membership of the Committee by notice in writing given or sent to the chairperson of the Judicial Conduct Committee.

• (8) The Judicial Conduct Committee may appoint another ex officio member of the Judicial Conduct Committee, elected member of the Judicial Conduct Committee or lay member of the Judicial Conduct Committee, as may be appropriate, to fill a casual vacancy arising in the Complaints Review Committee under subsection (7) and subsection (3) shall apply in relation to the filling of any such vacancy.

• (9) Where a member of the Complaints Review Committee ceases to be a member of the Judicial Conduct Committee, he or she shall thereupon cease to be a member of the Complaints Review Committee.

• (10) Where a matter is required to be determined by the Complaints Review Committee, each member of the Committee shall have one vote and the matter shall be determined by a majority of the votes of the members of the Committee.

• (11) Subject to this Act, the Complaints Review Committee may regulate its own procedures, including procedures relating to the conduct of meetings of the Committee.

55A. F10[Complaints Review Committee: temporary replacement of member

55A. (1) Where an ex officio member or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee is the subject of a complaint or otherwise has a conflict of interest in respect of a matter before the Complaints Review Committee, or the lay member of the Complaints Review Committee has a conflict of interest in respect of a matter before that Committee, the member concerned shall take no part in the performance by that Committee of its function in relation to such complaint or matter, and, accordingly shall not—

• (a) attend any meeting of that Committee held for the purpose of performance of that function, or

• (b) cast a vote in relation to any decision falling to be made by it for that purpose.

• (2) Where subsection (1) applies, the Judicial Conduct Committee shall, for the purpose of performing the function referred to in that subsection, replace the member of the Complaints Review Committee concerned—

• (a) in the case of an ex officio member or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee, with another ex officio member or elected member of the Judicial Conduct Committee, or

• (b) in the case of the lay member, with another lay member of the Judicial Conduct Committee,

and, accordingly that other person may attend at any meeting of the Complaints Review Committee held for the purpose of the performance of that function and may cast a vote in relation to any decision falling to be made by it for that purpose.

• (3) Where a member of the Complaints Review Committee is temporarily unable to act as a member of that Committee, whether due to illness, incapacity or for any other reason, the Judicial Conduct Committee shall, for the duration of such period when the member is unable to act, replace that member with—

• (a) where the member unable to act is an ex officio member or elected member of the Judicial Conduct Committee, another ex officio member or elected member of the Judicial Conduct Committee, or

• (b) where the member unable to act is the lay member, another lay member of the Judicial Conduct Committee.

• (4) Where a member of the Judicial Conduct Committee replaces a member of the Complaints Review Committee in accordance with subsection (2) or (3), the period of time served by that member of the Judicial Conduct Committee as such a replacement shall not be considered a term of membership for the purposes of section 55.]

56. Review of determination that complaint, or part of complaint, is inadmissible

56. (1) Where the Registrar determines under section 53 that a complaint is inadmissible, the complainant may seek a review of the determination by request in writing in that behalf to the Registrar not later than 30 days after the date of receiving notification of that determination.

• (2) Where the Registrar receives a request for a review of a determination that a complaint is inadmissible, the Registrar shall refer the complaint to the Complaints Review Committee and he or she shall notify the complainant and the judge concerned in writing that the complaint has been so referred.

• (3) The Complaints Review Committee shall consider a complaint referred to it under subsection (2) and shall determine in accordance with subsections (2) and (3) of section 53 whether or not the complaint is admissible in whole or in part and, if that Committee determines that the complaint is admissible in part only, identify the part of the complaint that is admissible (which, following that determination, is deemed to constitute the complaint for the purposes of this Act).

• (4) Where the Complaints Review Committee is satisfied that a complaint, or a part of a complaint, would be admissible but for its having been made after the expiration of the period specified in subsection (1) or (2), as may be appropriate, of section 51, that Committee shall refer the complaint, or that part of the complaint, to the Judicial Conduct Committee for its determination under subsection (3) of that section as to whether that period should be extended and, in the event of such an extension, the complaint, or that part of the complaint, shall be dealt with in accordance with section 60.

• (5) The Complaints Review Committee shall notify the Registrar in writing of its determination under subsection (3), or a referral of a complaint, or a part of a complaint, as the case may be, under subsection (4), and the reasons therefor.

• (6) On receiving a notification under subsection (5) from the Complaints Review Committee that a complaint, or a part of a complaint, is admissible or of a referral of a complaint, or a part of a complaint, as the case may be, under subsection (4), the Registrar shall, as soon as practicable thereafter, notify the complainant, the judge concerned and the Judicial Conduct Committee in writing of the determination or referral, as the case may be, and the reasons therefor.

• (7) On receiving a notification under subsection (5) from the Complaints Review Committee that a complaint is inadmissible, the Registrar shall—

• (a) notify the complainant and the judge concerned in writing of the determination of the Complaints Review Committee and the reasons therefor, and

• (b) take no further action in relation to the complaint.

• (8) This section shall apply, with any necessary modifications, to a part of a complaint that is determined by the Registrar under section 53(4) to be inadmissible.

57. Withdrawal of complaint under consideration by Registrar or Complaints Review Committee

57. (1) Where a complaint is withdrawn while it is being considered by the Registrar under section 53, the Registrar may—

• (a) decide that no further action should be taken in relation to the matter that is the subject of the complaint, or

• (b) refer the matter that is the subject of the complaint to the Judicial Conduct Committee for a decision by that Committee on whether or not to initiate an investigation in relation thereto under section 59.

• (2) Where a complaint is withdrawn while it is being considered by the Complaints Review Committee under section 56, the Complaints Review Committee may—

• (a) decide that no further action should be taken in relation to the matter that is the subject of the complaint, or

• (b) refer the matter that is the subject of the complaint to the Judicial Conduct Committee for a decision by that Committee on whether or not to initiate an investigation in relation thereto under section 59.

• (3)
• (a) Where the Registrar decides in accordance with subsection (1) that no further action should be taken in relation to a complaint, no further action shall be taken in relation to the complaint.

• (b) Where the Complaints Review Committee decides in accordance with subsection (2) that no further action should be taken in relation to a complaint, no further action shall be taken in relation to the complaint.

• (4)
• (a) The Registrar shall, as soon as practicable after the making of a decision or referral under subsection (1), notify the complainant and the judge concerned thereof in writing.

• (b) The Complaints Review Committee shall notify the Registrar of a decision or referral under subsection (2), and the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge concerned thereof in writing.

58. If judge concerned consents to reprimand by Judicial Conduct Committee before complaint is investigated

58. (1) The judge concerned may, at any time after a complaint in respect of him or her is determined to be admissible under section 53 or 56 and before a panel of inquiry is appointed under section 64(1) to investigate the complaint, inform the Judicial Conduct Committee in writing that he or she consents to the issuing of a reprimand to him or her in relation to the complaint.

• (2) The Judicial Conduct Committee shall, upon being informed under subsection (1) by the judge concerned that he or she consents to the issuing of a reprimand to him or her in relation to the complaint concerned, consider the nature, gravity and circumstances of the complaint and, if satisfied that it is appropriate to do so having regard to the interests of the administration of justice, issue a reprimand to the judge concerned.

• (3) The reprimand of the judge concerned under subsection (2) may provide for any one or more of the matters specified in paragraphs (a) to (c) of section 76(5).

• (4) The Registrar shall, as soon as practicable after the Judicial Conduct Committee issues a reprimand to the judge concerned under subsection (2), notify the complainant in writing thereof.

59. Investigations of judicial misconduct in absence of, or after withdrawal of, complaint

59. (1) F11[The Judicial Conduct Committee may refer any matter relating to the conduct of a judge, including any matter which was the subject of a complaint in respect of a judge which is withdrawn, to a panel of inquiry for investigation if]—

• (a) it is satisfied that there exists prima facie evidence of judicial misconduct by the judge, and

• (b) it considers it necessary to do so for the purposes of safeguarding the administration of justice.

• (2) The provisions of this Part relating to investigations and reports shall apply with all necessary modifications in relation to a matter referred to a panel of inquiry under subsection (1) as if that matter were the subject of a complaint.

• (3) Where a matter is referred to the Judicial Conduct Committee under subsection (1) or (2) of section 57 and the Judicial Conduct Committee decides under subsection (1) of this section not to refer the matter that is the subject of the complaint for investigation, no further action shall be taken in relation to that matter and the Registrar shall, as soon as practicable thereafter, notify the complainant and the judge whose conduct is the subject of the withdrawn complaint in writing of that decision.

• (4) Where a matter is referred to the Judicial Conduct Committee under subsection (1) or (2) of section 57 and the Judicial Conduct Committee decides under subsection (1) of this section to refer the matter for investigation, the Registrar shall, as soon as practicable thereafter, notify the complainant of that decision.

• (5) Where the Judicial Conduct Committee decides under subsection (1) to refer a matter for investigation, the Registrar shall, as soon as practicable thereafter, notify the judge whose conduct is being investigated thereof in writing and provide him or her with particulars of the alleged judicial misconduct concerned.

60. Referral of complaint for resolution by informal means or investigation

60. (1) Whenever a complaint is determined to be admissible under section 53 or 56, the Judicial Conduct Committee shall either—

• (a) refer the complaint for resolution by informal means under Chapter 4 if it is satisfied that it is appropriate to so do, or

• (b) refer the complaint to a panel of inquiry appointed for that purpose under section 64 for investigation.

• (2) Where a complaint relates to conduct in relation to proceedings that have not been finally determined, the Judicial Conduct Committee may, where it considers it appropriate to do so, adjourn any investigation of the complaint under this Part pending the final determination of the proceedings.

• (3) Whenever the Judicial Conduct Committee receives a report under section 63(1), it shall consider the report and shall refer the complaint to a panel of inquiry appointed for that purpose under section 64 for investigation.

• (4) Whenever the Judicial Conduct Committee receives a report under section 63(4), it shall consider the report and may, where it considers it appropriate to so do, refer the complaint to a panel of inquiry appointed for that purpose under section 64 for investigation.

• (5) The Registrar shall, as soon as practicable after the performance by the Judicial Conduct Committee of any function in relation to a complaint under the foregoing provisions of this section, notify the complainant and the judge concerned in writing thereof.

Chapter 4 Resolution of complaints by informal means

61. Referral of complaint for resolution by informal means

61. (1) Where the Judicial Conduct Committee decides under section 60(1) to refer a complaint in respect of the judge concerned for resolution by informal means, it shall request in writing the designated judge or designated judges to undertake the resolution of the complaint by informal means in accordance with this Chapter.

• (2) The designated judge or designated judges may, upon receipt by him, her or them of a request under subsection (1), appoint not more than 3 judges of the court of which the judge concerned is a judge to undertake the resolution by informal means in accordance with this Chapter of the complaint concerned on behalf of that designated judge or those designated judges, and the judge or judges so appointed shall undertake the resolution by informal means of that complaint accordingly.

• (3) References in this Chapter (other than in this section) to the designated judge or designated judges shall, in the case of a complaint in respect of which an appointment or appointments is or are made under subsection (2), be construed as references to the judge or judges appointed under that subsection.

62. Resolution of complaints by informal means

62. (1) No attempt shall be made to resolve a complaint by informal means pursuant to this Chapter without the consent of the complainant and the judge concerned.

• (2) A consent given by the judge concerned for the resolution of the complaint concerned by informal means shall not be taken as an admission of any allegation made in that complaint against that judge.

• (3) Subject to section 63, an answer given or statement made, in the course of attempting to resolve a complaint pursuant to this Chapter, by the complainant or the judge concerned shall not—

• (a) be communicated to any person other than the persons participating in the attempt to resolve the complaint, or

• (b) be admissible in any disciplinary, civil or criminal proceedings.

• (4) The resolution of a complaint by informal means pursuant to this Chapter shall not include the payment of any financial compensation.

63. Report to Judicial Conduct Committee from designated judge or designated judges

63. (1) If the designated judge or designated judges are of opinion that a complaint referred to him, her or them under section 60(1)(a) is not suitable for resolution by informal means, he, she or they shall prepare, and submit to the Judicial Conduct Committee, a report in writing specifying the reasons for that opinion.

• (2) The designated judge or designated judges shall, where he, she or they are satisfied that a complaint referred to him, her or them under section 60(1)(a) has been resolved by informal means prepare, and submit to the Judicial Conduct Committee, a report in writing specifying particulars of the resolution of the complaint, and the Judicial Conduct Committee shall take note of the report and take no further action in relation to the complaint.

• (3) Following receipt by the Judicial Conduct Committee of a report under subsection (2), the Registrar shall notify the complainant and the judge concerned in writing that in view of the resolution of the complaint concerned pursuant to this Chapter no further action will be taken by the Judicial Conduct Committee in relation to that complaint.

• (4) The designated judge or designated judges shall, where a complaint referred to him, her or them under section 60(1)(a) has not been resolved by informal means, prepare, and submit to the Judicial Conduct Committee, a report in writing specifying the following:

• (a) particulars of the complaint;

• (b) the reasons why, in the opinion of the designated judge or designated judges, the complaint was not resolved by informal means.

Chapter 5 Investigation of complaints

64. Referral of complaint by Judicial Conduct Committee to panel of inquiry

64. (1) The Judicial Conduct Committee shall, where it decides to refer a complaint to a panel of inquiry under subsection (1)(b), (3) or (4) of section 60, appoint a panel of inquiry to investigate the complaint.

• (2) A notification under subsection (5) of section 60 (other than a notification of a decision under subsection (1)(a) or (2) of that section) to the judge concerned shall inform him or her—

• (a) of the referral of a complaint to a panel of inquiry for investigation,

• (b) of the particulars of the complaint, including any evidence in support of the complaint, and

• (c) that if the panel of inquiry conducts a hearing in connection with the investigation of the complaint, he or she is entitled—

• (i) either in person or through his or her representative to attend and defend himself or herself at the hearing, and

• (ii) to request—

• (I) where no direction is given under section 68(5), that some or all of the hearing be conducted otherwise than in public, or

• (II) where a direction is given under section 68(5), the effect of which is that part of the hearing be conducted in public, that such part be conducted otherwise than in public.

• (3) A notification under subsection (5) of section 60 (other than a notification of a decision under subsection (1)(a) or (2) of that subsection) to the complainant shall inform him or her that if the panel of inquiry conducts a hearing in connection with the investigation of the complaint he or she is entitled to request—

• (a) where no direction is given under section 68(5), that some or all of the hearing be conducted otherwise than in public, or

• (b) where a direction is given under section 68(5), the effect of which is that part of the hearing be conducted in public, that such part be conducted otherwise than in public.

• (4) The Judicial Conduct Committee shall not accede to a request under subsection (2)(c)(ii) or (3) in the absence of reasonable and sufficient cause.

65. Recommendations for nomination of lay members of panels of inquiry

65. (1) The Government shall request the Public Appointments Service to undertake a selection process for the purpose of identifying and recommending to the Government persons who it is satisfied are suitable for appointment to be lay members of panels of inquiry and, accordingly, the Public Appointments Service shall comply with that request and, following the conduct of such a selection process, make a recommendation to the Government in respect of persons who participated in such process in relation to whom it is so satisfied.

• (2) Subject to subsection (3) and section 66(3), the Minister shall agree with the Public Appointments Service the selection criteria and procedures that are to apply to a selection process under this section.

• (3) For the purposes of making a recommendation under this section, the Public Appointments Service shall have regard to the desirability that the lay members of a panel of inquiry will, among them, possess knowledge of, and experience in, as many as possible of the following matters:

• (a) the maintenance of standards in professions regulated by a statutory or other body;

• (b) dealing with complaints made against members of such professions;

• (c) mediation or other mechanisms for alternative dispute resolution;

• (d) the administration of justice;

• (e) the management and provision of services to members of the public.

• (4) Subject to subsection (3), the Public Appointments Service shall not make a recommendation under this section in respect of a person unless it is satisfied that the person possesses such relevant experience, qualifications, training or expertise as is appropriate having regard to the functions of a panel of inquiry as would render him or her suitable for appointment to be a lay member of a panel of inquiry.

• (5) The Public Appointments Service shall provide the Government with particulars of the experience, qualifications, training and expertise of each person in respect of whom it makes a recommendation under this section.

66. Nomination for appointment of lay members of panels of inquiry

66. (1) From time to time, the Government shall, from among persons in respect of whom a recommendation has been made under section 65, nominate not fewer than 7 persons and not more than 12 persons for appointment by the Judicial Conduct Committee under section 67(1)(b) to be lay members of panels of inquiry.

• (2) The Government shall, insofar as practicable and having regard to relevant experience, endeavour to ensure that not fewer than 40 per cent of persons nominated under subsection (1) are women.

• (3) A person shall not be eligible to be nominated under subsection (1), or appointed under section 67, to be a lay member of a panel of inquiry—

• (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 lay member of the Judicial Conduct Committee,

• (g) if the person is a practising barrister or solicitor,

• (h) 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 elapsed since he or she last practised as a barrister or solicitor, or

• (i) if the person is a civil servant.

• (4) If a lay member of a panel of inquiry—

• (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) is appointed to be a member of the Judicial Conduct Committee,

• (h) commences practice as a barrister or solicitor, or

• (i) becomes a civil servant,

he or she shall thereupon cease to be a lay member of the panel of inquiry.

• (5) A person nominated under subsection (1) may, by notice in writing given or sent to the chairperson of the Judicial Conduct Committee, indicate that he or she no longer wishes to be considered for appointment by that Committee under section 67(1)(b) to a panel of inquiry and, upon receipt of that notice by the chairperson of that Committee, the nomination under subsection (1) in respect of that person shall cease to have effect.

• (6) The chairperson of the Judicial Conduct Committee shall inform the Minister of any notice received by him or her under subsection (5).

67. Appointment of members of panel of inquiry

67. (1) The Judicial Conduct Committee shall appoint 3 persons to be members of a panel of inquiry for the purposes of this Chapter, namely—

• (a) two judges (other than an ex officio member of the Judicial Conduct Committee or an elected member of the Judicial Conduct Committee), one of whom shall be a judge of the court of which the judge concerned is a judge and the other of whom shall be a judge of another court, and

• (b) one lay member nominated under section 66.

• (2) The Judicial Conduct Committee shall appoint one member of a panel of inquiry appointed under subsection (1) to be its chairperson.

• (3) For the purposes of subsection (1)(a), where the judge concerned whose conduct is being investigated is—

• (a) the President of the Court of Appeal, he or she shall be considered to be a judge of the Supreme Court,

• (b) the President of the High Court, he or she shall be considered to be a judge of the Court of Appeal,

• (c) the President of the Circuit Court, he or she shall be considered to be a judge of the High Court, or

• (d) the President of the District Court, he or she shall be considered to be a judge of the Circuit Court.

• (4) A member of a panel of inquiry appointed under subsection (1) may resign from the panel of inquiry by notice in writing given or sent to the chairperson of the Judicial Conduct Committee and the resignation shall take effect on the day on which the chairperson of the Committee receives the notice, but such resignation shall not of itself prevent his or her appointment to, or continued membership of, another panel of inquiry.

• (5)
• (a) Where a member of a panel of inquiry appointed under subsection (1)(a) was, at the time of his or her appointment to be such a member, a judge of the court of which the judge concerned is a judge and he or she subsequently ceases to be a judge of that court, he or she shall thereupon cease to be a member of the panel of inquiry.

• (b) Where a member of a panel of inquiry appointed under subsection (1)(a) ceases to be a judge, he or she shall thereupon cease to be a member of the panel of inquiry.

• (6) If a member of a panel of inquiry resigns or otherwise ceases to be a member of a panel of inquiry, the Judicial Conduct Committee may—

• (a) if the member was a judge of the court of which the judge concerned is a judge, appoint a judge of that court,

• (b) if the member was a judge of a court other than the court of which the judge concerned is a judge, appoint a judge of a court other than the latter court but who may be a judge of a court other than the former court, or

• (c) if the member was a lay member of the panel of inquiry, appoint a person standing nominated for the time being under section 66,

to replace the member of the panel of inquiry who resigned or otherwise ceased to be a member thereof.

• (7) A member of the staff of the Council (other than the Registrar), nominated by the chairperson of the Judicial Conduct Committee, shall act as registrar to a panel of inquiry (in this Act referred to as “registrar to a panel of inquiry”).

68. Conduct of investigation

68. (1) A panel of inquiry shall, in accordance with this section, investigate a complaint referred to it under section 60.

• (2) For the purposes of the investigation of a complaint under this section, a panel of inquiry may seek such information or documents relating to the complaint as it considers appropriate.

• (3) A panel of inquiry may conduct a hearing in connection with its investigation of a complaint.