Members of the public will be able to send complaints about the conduct of a judge under new legislation which comes into effect today.
It's the first time ever that complaints can be made by members of the public, with new procedures meaning that any complaints about the conduct of a judge that is alleged to constitute judicial misconduct will be addressed.
Minister Helen McEntee commenced the new option, signing the Judicial Council Act 2019 (Commencement) Order 2022.
The circumstances in which a complaint about alleged judicial misconduct can be made to Registrar of the the Judicial Council
There is a time limit of three months within which a complaint can be made alleging judicial misconduct
A complaint may be made by any person who is directly affected, or who witnessed, the alleged judicial misconduct
The complaint must not be frivolous or vexatious and must also be the case that the conduct could, if substantiated, constitute judicial misconduct.
When a complaint is admissible, it is referred to the Judicial Conduct Committee
Minister McEntee said: "In a democratic society, the judiciary plays a central and independent role in how justice is administered, and our judiciary have provided us with superb service since the foundation of the State a century ago.
"Maintaining and strengthening public confidence in our judiciary, a foundation stone of our democracy, is crucial and I am really pleased to bring into effect all remaining sections of the Judicial Council Act 2019.
"These sections deal with judicial conduct and ethics. Crucially, they pave the way for procedures that will facilitate, for the first time in the history of the State, complaints from members of the public about judicial conduct.
"They also set out that a complaint may be made by any person who is directly affected by, or who witnessed, the alleged misconduct within three months of same, as well as the criteria for such complaints to be admissible, and the processes under which these complaints will be examined.
"I would like to thank the members of the judiciary for their support for this important legislation and to acknowledge the importance of their continued constitutional independence”.
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