Ireland's system for disciplining and removing judges

In Ireland, judges can only be removed as a result of ‘stated misbehaviour’ but the extent of this phrase is unclear, as is the process of actually removing the judge. Furthermore, Ireland has no formal process for lesser forms of judicial discipline. These oversights have exacerbated controversies of judicial behaviour. For example, during the Sheedy Affair, there was no formal mechanism for investigating or issuing sanctions as a result of the conduct of the judges and in the Curtin case, the difficulties involved in the attempt to remove the judge delayed the process to such an extent that the judge eventually retired on a full pension. A more recent episode involving an ‘improper approach’ by a judge into the case of another judge highlighted the lack of any proper procedures in this area. Given that this is an issue that impacts both judicial independence and public confidence in the judiciary to a significant degree, it is vital that a formal system for disciplining and removing judges is established in Ireland. In this context, this article examines the current system and analyses potential reforms to this.