Judicial Appointments Commission

For All Judicial Offices

Knowledge – What Judges Need to Know

• An appropriate knowledge of the law, including the functions and decisions of the courts, particularly that relevant to the court to which the appointment concerned relates
• An appropriate knowledge of and experience in the practice and procedure of the courts, particularly the court to which the appointment concerned relates
• Expertise in interpreting and applying legal principles and precedents
• An appropriate knowledge of any particular area of law to which the appointment concerned relates
• An appropriate knowledge of professional ethics, including how to recognise and deal appropriately with perceived or actual conflicts of interest
• An appropriate awareness of the practical considerations that affect the experience of lay participants in the court system, whether as a party to proceedings, as a witness or otherwise
• An appropriate awareness of the diversity of the population of the State as a whole and of any matters arising from such diversity that may require special consideration in proceedings before a court

Note that under section 58 (5) of the Judicial Appointments Commission Act 2023, regard shall be had, in particular, to the nature and extent of the practice of the person concerned in so far as it relates to his or her personal conduct of proceedings in the Supreme Court, the Court of Appeal and the High Court as either or both:

(a) a person advocating in proceedings or as a solicitor instructing counsel in proceedings, or both, or

(b) a person providing legal advice to another person on the conduct of such proceedings.

However, a person who was appointed as a judge of the High Court, the Circuit Court or the District Court before 28 October 2014 shall not be required to demonstrate that he or she has appropriate experience of the practice and procedure of the Court of Appeal.

Skills – What Judges Need to Be Able to Do

• Work effectively in demanding situations, with resilience and calmness
• Communicate effectively and confidently with all court users
• Manage court proceedings effectively and authoritatively while respecting all participants and showing fairness, patience and courtesy
• Manage and prioritise own responsibilities in a timely fashion
• Engage constructively and effectively with judicial colleagues and others
• Work collegially, where the appointment concerned relates to an appellate court
• Make effective use of information and communications technology for legal and court work
• Quickly grasp, analyse and respond to information and arguments
• Able, allowing for any appropriate training that may first be required, to deal with judicial business in branches of the law that may not have fallen within his or her previous area of knowledge
• Competence in the Irish language, if required for the appointment concerned, preferably demonstrated through extended study or work experience in that language, or certification of having reached level B on the Common European Framework of Reference for Languages, or equivalent
• Competence in languages other than English or Irish, particularly the official languages of other European Union member states, is desirable; competence in French is particularly beneficial or required for an appointment that relates to judicial office outside the State, as noted below. All such competence preferably demonstrated through extended study or work experience in that language, or certification of having reached level B on the Common European Framework of Reference for Languages, or equivalent

Attributes – What Judges Need to Embody

• Independence of mind
• High moral character, impartiality and integrity
• Compassion and empathy
• A commitment to the fair and impartial application of the law and to access to justice
• Diligence and a demonstrated capacity to meet the challenges of a demanding role
• A high degree of professionalism, competence and probity
• If the applicant already holds judicial office, to have undergone judicial training or participated in an appropriate level of continuing professional development education or training programmes as a judge or relevant to the role of a judge, or
• If the applicant does not hold judicial office, to have participated in continuing professional development education or training programmes relevant to the role of a judge or the area of law to which the appointment concerned relates.
• A willingness to learn and develop new competences, either from others or through self-reflection, including successful completion of a particular education or training programme or a particular standard of programme when so required.

Note that an applicant for recommendation for appointment to judicial office in the State is required, under section 58 (8) of the Judicial Appointments Commission Act 2023, to give an undertaking in writing to the Commission that, if appointed to judicial office in the State, he or she will take such course or courses of training or education, or both, as may be required by the Chief Justice or the President of the court in which the vacancy in the judicial office concerned arises.

For Judicial Office in All Courts in the State

In addition to the list above, one new knowledge:

Knowledge

• An appropriate knowledge of alternative forms of dispute resolution

For Judicial Office in the High Court, Court of Appeal and Supreme Court

In addition to the list above, one new skill:

Skill

• In applications for appointment to the Superior Courts, produce high-quality written documents, including judgments, in a timely fashion

For Judicial Office in International Courts

In addition to the list above, one new skill:

Skill

• Work as part of a team in an international environment in which multiple legal systems are represented

Judge of the Court of Justice, Advocate General of the Court of Justice or Judge of the General Court

In addition to the list above, one new knowledge and two new skills:

Knowledge

• Sufficient knowledge of the main issues relating to Union law so as to be able to make a relevant and effective contribution, within a reasonable time, to the handling of the cases entrusted to the courts of the Union

Skill

• An ability to analyse and reflect on the conditions and mechanisms for applying the law, particularly as regards the application of Union law within Member States’ national legal systems
• Competence in French, preferably demonstrated through extended study or work experience in that language, or certification of having reached level B on the Common European Framework of Reference for Languages or a period of second- or third-level education in that language, or equivalent

Judge of the European Court of Human Rights

In addition to the list above, candidates should possess the qualifications for appointment to the highest judicial offices (High Court or above) or be jurisconsults of recognised competence, and possess the following additional knowledge, skill, and attributes:

Knowledge

• Knowledge of the national legal system(s) and of public international law

Skill

• Proficiency in at least one official language of the Council of Europe and at least a passive knowledge of the other.

(These languages are English and French. Candidates who possess the qualifications for appointment to the highest judicial offices or whose experience as jurisconsults has been in an English-speaking environment will be assumed to meet this standard in English. A passive knowledge of French is preferably demonstrated through extended study or work experience in that language, or certification of having reached level B1 on the Common European Framework of Reference for Languages, or equivalent.)

Attributes

• Be less than 65 years of age at the date by which the list of candidates has been requested by the Parliamentary Assembly
• Undertake not to engage, if elected and for the duration of their term of office, in any activity incompatible with their independence or impartiality or with the demands of a full-time office
• Election should not foreseeably result in a frequent and/or long-lasting need to appoint an ad hoc judge

Judge of the International Criminal Court

In addition to the list above, two new areas of knowledge and one new skill:

Knowledge

• Knowledge of different legal systems; and exposure to and understanding of regional and sub-regional political, social, and cultural environments
• Either
  • Established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or
  • Established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court

Legal expertise in the following areas is desirable:

• Public international law
• Sexual and gender-based violence
• Violence against children
• The main provisions of the Rome Statute, the Elements of Crimes, the Rules of Procedure and Evidence, and of the jurisprudence of the International Criminal Court

Skills

• An excellent knowledge of and fluency in at least one of the working languages of the Court, which are English and French, preferably demonstrated through extended study or work experience in that language, or certification of having reached level B2 on the Common European Framework of Reference for Languages, or equivalent. Candidates who possess the qualifications for appointment to the highest judicial offices will be assumed to meet this standard in English; however, knowledge of French is desirable.

1. Eligibility

Eligible Person

The attention of all applicants for the position of Chief Justice, the President of the Court of Appeal, the President of the High Court, Judge of the Supreme Court, Judge of the Court of Appeal or of Judge of the High Court, President of the Circuit Court, Judge of the Circuit Court, President of the District Court, Judge of the District Court, Judge of the Court of Justice, an Advocate General of the Court of Justice, a Judge of the General Court, a Judge of the European Court of Human Rights, or a Judge of the International Criminal Court, is drawn to section 40 and, where relevant section 63 of the Judicial Appointments Commission Act 2023 (“the 2023 Act”), and to various sections of the Courts (Supplemental Provisions) Act 1961 Act, as amended, which are referred to in the 2023 Act.  All relevant legislative provisions can be found at www.irishstatutebook.ie.

Eligibility Requirements

Applicants must ensure that they come within the eligibility provisions.

In the case of the District and Circuit Courts, the minimum requirement is that the applicant has practised as a solicitor or barrister for at least ten years, or sat as a relevant judge.

Applicants for positions in the High Court, Court of Appeal and Supreme Court must have practised as a solicitor or barrister for at least 12 years, or sat as a relevant judge.

For all Courts in the State, eligible persons include a legal academic with over 12 years of experience, two of which years shall have been continuous, or a faculty head who has held that position for at least 4 years, two of which years shall have been continuous; and who has practiced as a solicitor or barrister for a continuous period of at least 4 years.

This is a general description only and applicants are directed to the statutory provisions in this regard.

In the case of nomination to the position of judge or Advocate General of the Court of Justice of the European Union, applicants must satisfy the requirements of Article 253 of the Treaty on the Functioning of the European Union.

In the case of nomination to the position of judge of the General Court of the European Union, applicants must satisfy the requirements of Article 254 of the Treaty on the Functioning of the European Union.

In the case of nomination for election to the position of judge of the European Court of Human Rights, applicants must satisfy the requirements of Article 21 of the European Convention on Human Rights.

In the case of nomination for election to the position of judge of the International Criminal Court, applicants must satisfy the eligibility requirements of that Court set out in Article 36(3) of the Rome Statute.

Where the requirements for international appointments state that an applicant must be eligible for “high judicial office” or “highest judicial office”, such a position requires that the applicant be eligible for appointment to the High Court, Court of Appeal or Supreme Court in Ireland.

The Commission reserves the right to deem an applicant ineligible at any stage if it is apparent that the candidate does not meet the required eligibility/qualifications as outlined in the submitted application form.

The Commission may seek information from relevant bodies (such as the Law Society of Ireland, the Council of the Bar of Ireland, the Legal Services Regulatory Authority, the Judicial Council or other bodies as appropriate) to verify that an applicant is an eligible person and to seek such other information as it deems necessary.

These checks are generally carried out toward the end of the selection process.

All reasonable accommodation will be provided to candidates with disabilities.

2. Application

The Commission’s function is to recommend candidates to the Government for any judicial vacancy that may arise, and the Commission will consider applications made in respect of a vacancy for judicial office in accordance with this statement of selection procedure. The Commission will not recommend an applicant to the Minister for Justice, Home Affairs and Migration or, if appropriate, the Minister for Foreign Affairs and Trade, for appointment or for nomination for appointment or election, as the case may be, to judicial office unless:

• it is satisfied that the applicant
  • is an eligible person,
  • possesses the requisite knowledge, skills and attributes,
  • is of sufficient merit for such recommendation,
  • is suitable on grounds of health to fulfil the duties of the judicial office concerned,
  • has complied with any requirements with regard to consent in the processing of personal data and
  • has complied with the requirements of section 22 of the Standards in Public Office Act of 2001 and
• the Commission has interviewed the applicant.

3. Application Process

Applications should be made to the Commission using the appropriate form online through www.judicialappointments.ie

Please note that all sections of the application form must be fully completed, or the application may receive no further consideration.

• Applications must be completed and submitted online.
• Applications received after the relevant closing date will not be accepted.

Please also note that applications for some judicial offices outside the State should be made in line with the requirements specified for those positions.

4. Supporting Documentation

The applicant is required to provide the Commission with the following:

1. A Tax Clearance Certificate in accordance with the Standards in Public Office Act 2001, issued to the applicant not more than 18 months before the date of the application.

2. Statutory Declaration made by the applicant not more than 3 months before that date to the effect that, at the time of the making of the declaration, the person is, to the best of his or her knowledge and belief, in compliance with the obligations specified in subsection (1) of section 25 of the Standards in Public Office Act 2001, and that nothing in subsection (2) of that section prevents the issue to him or her of a tax clearance certificate.

3. Applicants who are not serving members of the judiciary will be required to arrange for the submission of three references confirming the applicant’s legal skills and experience, his or her personal qualities, character, and temperament appropriate to be a judge.

4. Applicants who are serving members of the judiciary will be required to arrange for the submission of two references confirming the applicant’s legal skills and experience, his or her personal qualities, character, and temperament appropriate to be a judge.

   Referees must supply the requested information on a dedicated reference form provided by the Commission for this purpose, by the closing date specified for the selection process.

   Referees will also be asked in what capacity they know the applicant. The Commission places considerable value on the provision of references. It is the responsibility of each applicant to ensure that all required completed references are submitted by the specified closing date. Referees may be contacted by the Commission for further details of an applicant’s suitability.

   These referees should include the following:

   • a judge before whom a legal practitioner has practised on a regular basis;
   • a senior legal practitioner;
   • an academic with significant legal expertise;
   • or persons of similar standing.

5. Confirmation of proficiency in Irish or other language, if applicable, with appropriate certification or equivalent evidence of fluency.

6. Applicants will be asked to complete a Questionnaire in respect of their health for review by an Occupational Health physician and to co-operate with any medical examination requested as a result of this process. Applicants will be asked to cooperate fully with any background checks that may be undertaken which will include, but are not limited to, their presence on or contributions to social media platforms

7. A declaration that the applicant is not aware of any conflict of interest that might suggest that the candidate is not suitable for judicial office and confirming that there is no issue, whether of financial probity or otherwise, which might bring the judiciary into disrepute, should the candidate be successful.

8. An undertaking in writing to the Commission that, if appointed to judicial office in the State, the applicant will

• Take such courses of training and education, or both, as may be required by the Chief Justice or President of the Court should they be appointed;
• Take annual leave on a rostered basis as required by the Chief Justice or President of the Court in which the vacancy arises; and
• Sit in any court, in any circuit and / or in any court district, as appropriate, as required by the Chief Justice or President of the Court in which the vacancy arises.
• In matters of a non-judicial nature relating to the guidelines of the Judicial Council and administration of Court services in the interest of efficiency, they will comply with the President of the Court’s and/or Chief Justice’s requests.

5. Closing Date

All applications must be submitted through the Commission website no later than the closing date stated in the Applicant Information Booklet for each competition.

Applicants should make sure that the contact details specified on the application form are correct.

If an applicant does not receive an acknowledgement of receipt within 24 hours of applying, please email to confirm receipt immediately or at latest 48 hours after sending the application by emailing info@judicialappointments.ie

The Commission can accept no responsibility if communication details are incorrect or if acknowledgment is not received within 24 hours and / or sought within 48 hours of application.

6. Requisite Knowledge, Skills & Attributes

The Commission has published a Statement of Requisite Knowledge, Skills and Attributes as required by section 57 of the Judicial Appointments Commission Act 2023. This is available on www.judicialappointments.ie.

The suitability of applicants will be assessed by reference to their requisite knowledge, skills and attributes.

Applicants for judicial office must provide the Commission with evidence demonstrating how they meet these requirements through the use of examples from their own experience.

The Commission may specify different requisite knowledge, skills and attributes by reference to different judicial offices.

7. Selection Methods

Recommendations by the Commission shall be based on merit. Subject to that statutory requirement, the Commission shall also take account, to the extent feasible and practicable, of the objectives that the membership of the judiciary in each court should:

(a) comprise equal numbers of male and female members

(b) reflect the diversity of the population of the State as a whole, and

(c) include a sufficient number of judges with a proficiency in the Irish language to meet the needs, identified by the Commission following consultations under section 56(4), of users of each court with respect to proceedings being conducted in the Irish language

The selection of persons for recommendation for appointment or election to judicial office will include:

• shortlisting of applicants on the basis of the information contained in each application;
• review of references;
• interview of those selected in the shortlisting process; and
• any other selection process as considered appropriate by the Commission.

In the case of the judicial office of judge of the European Court of Human Rights, recommendations shall be based on merit. Subject to that statutory requirement, the Commission will take account of the guidance by the Parliamentary Assembly and the Committee of Ministers of the Council of Europe that lists of candidates should as a general rule contain at least one candidate of each sex, unless the sex of the candidates on the list is under-represented on the Court (under 40% of judges) or if exceptional circumstances exist to derogate from this rule.

8. Shortlisting

The Commission adopts a shortlisting process to select the candidates who, based on the application forms and the references, appear to be the most suitable for the office in question.

The shortlisting of applicants for a particular vacancy does not suggest that other applicants are necessarily unsuitable for the office, but rather that there are some candidates who are better qualified and/or have more relevant experience for the particular office.

The assessment of candidates will involve detailed consideration of the requisite knowledge, skills and attributes specified for the judicial office.

9. Interview Process

The assessment of the shortlisted candidates will be supplemented by an interview. This will be conducted by a panel of at least three members of the Commission selected by the Commission, at least one of whom will be a lay member and at least one of whom will be a member of the judiciary. This panel will report to the Commission.

On completion of the interview stage of the process, the Commission will complete its assessment and decide on a final list of candidates to recommend to the relevant Minister for appointment to judicial office within the State, or nomination for appointment or election to a judicial office outside of the State.

Where there is one judicial office to be filled, this will consist of up to 3 candidates; where there is more than one judicial office to be filled in the same court, this will consist of a list of 3 candidates and up to 2 additional candidates for each second and subsequent vacancy.

10. Recommendation to the Minister

The Commission shall provide a statement to the Minister in respect of each candidate who is recommended. This will consist of:

• the reason the Commission considers the person is suitable for appointment;
• particulars of the person’s education, professional qualification, experience, character, and where appropriate proficiency in the Irish language (or other language where relevant); and
• the results of the interview of the person and, where appropriate, the results of any other selection process conducted by the Commission in considering his or her application.

11. Notification to Applicants of Outcome of Application

Pursuant to section 49 of the Act, at the request of a person who made an application under section 43 in respect of a vacancy in a judicial office, the Commission will notify the applicant whether or not that applicant was the subject of a recommendation to the relevant Minister.

12. Contact Details for the Judicial Appointments Commission

The Judicial Appointments Commission was set up specifically to support the judicial appointments process with the highest degree of confidentiality and security.

The Commission is available to provide administrative assistance throughout the selection process. All communications with the Commission in respect of the appointment of judges will be considered in strictest confidence during and after the selection process.

Contact details for the Commission:

The Director,

Judicial Appointments Commission

Email: info@judicialappointments.ie

Frequently Asked Questions

1. I previously submitted an application form to the Judicial Appointments Advisory Board. Is that application still live?

The Judicial Appointments Advisory Board (JAAB) is now dissolved. Any applications previously submitted to JAAB are void and will not be considered.

2. I previously submitted a Statutory Declaration and/or Tax Clearance Certificate to the Judicial Appointments Advisory Board. What happens to these documents?

All in-date documentation will be returned to the applicant.

3. How do I find a Judicial Appointments Commission application form and complete it?

Please click on the link that lists the vacancy you wish to apply for. You will then be asked to create a profile. Once this has been done and you are logged in, the application form will be present and you can complete the necessary fields.

4. Do I send by post the supplement documents (Statutory Declaration, Tax Clearance Certificate, References, Passport photographs) to complete my application?

The application process for the Judicial Appointment Commission is fully digital. You can now upload these documents when you are completing your application online.

5. How will my references provide a reference on my behalf?

 The reference form to be completed by referees is available under “Documentation” on this website. Once a referee has completed this form, they must send it by email only to info@judicialappointments.ie. It should not be shared with the applicant beforehand.

 There is no need for a referee to wait until an applicant has submitted their application form before submitting a reference. Once a vacancy has gone live, a referee can submit their reference at any time between the opening and closing dates advertised.

6. Where can I find information around what my application should include and what qualities are being looked for by the Commission in potential applicants?

Please consult the documentation on this website and the Judicial Selection Statement to ensure you have a thorough knowledge of what the Commission is seeking in applicants

7. How can I contact JAC?

You will find our contact details on the website. Please use the Commission’s email address for any queries as it is monitored daily. Please note that attendance in the Judicial Appointments Commission office is by invitation only.

8. Will further content be added to the website?

Yes, over the coming months we will be adding further information, features and resources on our website.