Michael Harding: I was waiting for new tyres when God Save the King rinsed Charles’ eardrums. I felt his painThe new guide to judicial conduct and ethics published by the Judicial Council contains guidance on when a judge should recuse themselves in potential cases of conflict of interest:
“A judge shall recuse himself or herself from participating in any proceedings in which the judge is unable to decide the matter impartially or in which it may appear to a reasonable observer that the judge is unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where
- the judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings;How could a reasonable observer expect impartiality from a former attorney general on matters which they have been involved in either regarding litigation or in developing policy and legislation? What this means is that, once appointed, the former-attorney general-now-judge will have to potentialy sit out quite a number of cases and thus the State gets very...
As well as the conflict of interest on the bench, there is also a conflict of interest in that the attorney general advises the government and is generally involved in the final choice of candidates for judicial appointment. In the case of a sitting attorney general interested in a judicial vacancy there is an unavoidable conflict.
Given that the Judicial Appointments Bill is now making its way through the Seanad it is hoped that these issues will be reflected on and reconsidered.