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New book: Judicial appointments are political, what's the harm, how might it be stopped ?

cyberianpan

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Four Courts Press | The politics of judicial selection in Ireland
Jennifer Carroll MacNeill is a political scientist with a research interest in political institutions and the judiciary. She completed her PhD research at the School of Politics and International Relations, UCD, and is both a IRCHSS Government of Ireland Scholar and the winner of the Basil Chubb Prize 2015 for the best politics PhD in Ireland. A barrister (and former solicitor), Dr Carroll MacNeill has worked as a lawyer in the public service, both within the Oireachtas as Legal Adviser in the Office of the Leader of Fine Gael and within Government as Special Adviser in the Department of Children and Youth Affairs and in the Department of Justice and Equality.
Personal ties key to judicial appointments, book claims
Lawyers’ personal ties to key decision-makers in government are a more significant factor in judicial appointment than political affiliation, according to a new book on how judges are selected.
...
The book also suggests that party political connections are much more important at District Court level than at High and Supreme Court level, and confirms that only a small number of government members have any real say in the process.
Former JAAB members defended the role played by personal ties, telling the author that, in choosing a person to fill such an important position, they were better placed to make assessments as to the competence of people they knew.
...
The board has taken a conservative approach to its own role in other ways. The book confirms that it has never used its powers to interview candidates
So the lazy fools in the JAAB don't know how to assess someone's character and competence unless they've already known the person ?

Incompetent people like them are denying Ireland true talent, trapping us in a cronyist mediocrity forever ...and that's even before the Cabinet gets a say

Recruitment is HARD WORK ... risks need to be taken ...the Sir Humphreys need to be excluded from the process ...otherwise the never ending circle jerk of Sir Humprehys will cause legal services to approach 100% of GNP ...

cYp
 


GDPR

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Heres a few suggestions - theyll get round these anyway but it will make it a bit harder for them.

1) Abolish the JAAB and replace it with a board of suitably experienced lay people.
2) Remove the AG from any role in making appointments
3) Make it a criminal offence to lobby politicians for an appointment
4) Automatic disbarment from applications or the Bench if a member of a political party
 

cyberianpan

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Heres a few suggestions - theyll get round these anyway but it will make it a bit harder for them.

1) Abolish the JAAB and replace it with a board of suitably experienced lay people.
2) Remove the AG from any role in making appointments
3) Make it a criminal offence to lobby politicians for an appointment
4) Automatic disbarment from applications or the Bench if a member of a political party
Have Bunreacht amended that the appointees are appointed, one each by

The most senior Judge in England, USA, Canada , Australia and New Zealand

Simple majority vote of the 5 appointees will make a new judge

cYp
 

storybud1

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My biggest beef is when guys like McCartan get appointed because Frank Ross happened to get into power, McCartan has a history in very dubious cases, the latest was giving a slap on the wrist to a Nigerian multiple attempt rapist (5 attempts) in my home town.

We have a huge problem with the court of appeal and very lax sentencing than can see scum with hundreds of convictions (and those are only the crimes the Guards know about) walking around while their victims pick up the pieces and their next victims are unaware.

There is a certain Eastern European crime family in my town that drive top of the range German cars, have never worked a day, get huge social welfare payouts and are in the bank several times a week depositing cash to transfer back home (also while parked across the 2 disabled parking bays at the bank)

Until we can safely say we have a judicial system that deports these scum, keeps the career criminals in jail longer each time they commit a crime and is totally answerable to the sovereign rulers of this Country (We the people) then it is a fooking joke.

How do we give away so much power to so few ? it is a fooking joke there is no recourse or accountability for the future victims when it is 100% certain the scum will offend again. (And I really mean the scum, not the one off, or going through a bad patch type, but the scum like the crime family in my town)
 

jackryan

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Heres a few suggestions - theyll get round these anyway but it will make it a bit harder for them.

1) Abolish the JAAB and replace it with a board of suitably experienced lay people.
2) Remove the AG from any role in making appointments
3) Make it a criminal offence to lobby politicians for an appointment
4) Automatic disbarment from applications or the Bench if a member of a political party
Why should someone be disbarred because they are a member of a Political Party?
 

sadmal

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It's a laugh when those who defend the judicial system in this country always refer to the independence of judges. How can a judge be considered independent when they got their job through political influence.

I remember a particular judge who freely admitted he canvassed for the job and then threatened to sue anyone who claimed his appointment was due to cronyism.
 

loner

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We cannot continue to appoint judges in the way we have done up to now--perhaps the citizens forum could be given a shot at finding a new way that we could vote on in a Rerendum.
 

Dame_Enda

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Another row has broken out over the appointment of a politically-tied judge. Judge George Bermingham is being promoted to president of the Court of Appeal. Bermingham was Dublin North-Central from 1981 to 1989.

https://www.irishtimes.com/news/politics/government-row-erupts-over-top-judicial-appointment-1.3473218

Reports there was a showdown between Minister Flanagan and the Independent group over it and Flanagan threatened to resign but did not do so. Reports at the meeting, Varadkar promised the Judicial Appointments Bill would pass the Seanad in the Summer.
 

devoutcapitalist

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Most people don't care less about how Judges are appointed, Lord Shane Ross is on his high horse over a Mickey Mouse issue.
 

Analyzer

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Analyzer

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Another row has broken out over the appointment of a politically-tied judge. Judge George Bermingham is being promoted to president of the Court of Appeal. Bermingham was Dublin North-Central from 1981 to 1989.

https://www.irishtimes.com/news/politics/government-row-erupts-over-top-judicial-appointment-1.3473218

Reports there was a showdown between Minister Flanagan and the Independent group over it and Flanagan threatened to resign but did not do so. Reports at the meeting, Varadkar promised the Judicial Appointments Bill would pass the Seanad in the Summer.
Accept Flanagan's resignation.
 

stray creditor

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If all Judges were elected, that's when the fun would be in it. There would be different sentencing.

One of the most important powers' Government politicians have is the power to make appointments, they're not going to let that go.
They are not going to let it go because their appointments act as gatekeepers and in the criminal justice area what is investigated and what isn't.
 

cyberianpan

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The Judicial Appointments Bill has been a long time coming, and is still in bad shape

Appointments in the lower courts especially are usually on the basis of political patronage/tribe

Many have been made whilst this Bill has been gestating and more can be expected before the birth of the Act. The pace here is simply not good enough.

Cyp
 

HYENA

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Gimp politics creating gimp justice, all costing the tax payer a fortune as arrogant political toadies are allowed to free previously convicted burglars on joke bail and provide handy fees to leech free legal aid solicitors.
 

davidcameron

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Jun 4, 2010
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The power to select candidates for judicial positions.

At present, the Cabinet nominates candidates for positions in the judiciary and then the President formally appoints them.

Why have successive governments failed to relinquish the power to nominate judicial candidates?
 

former wesleyan

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Heres a few suggestions - theyll get round these anyway but it will make it a bit harder for them.

1) Abolish the JAAB and replace it with a board of suitably experienced lay people.
2) Remove the AG from any role in making appointments
3) Make it a criminal offence to lobby politicians for an appointment
4) Automatic disbarment from applications or the Bench if a member of a political party
For example ?
 

storybud1

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The AI programme should be used to root out the clown Judges that gift career crims the soft touch, I am still amazed that the taxpayer has no say in the performance of the Judiciary when it comes to the like of Gilligan or other such scum that is walking around freely while the victims carry the life sentence.

Spot the crims in their early career, ensure that after they are busted for selling drugs or robbing houses that their jail time doubles every time, it is simple maths.
 


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