Courts and Court Officers Act, 2002
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PART 3 Judicial Appointments | ||
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Amendment of section 16 of Act of 1995. |
8.—Section 16 of the Act of 1995 is amended by the substitution of the following subsections for subsection (7): | |
“(7) (a) When submitting the name of a person to the Minister under this section, the Board shall indicate whether the person satisfies the requirements of subsection (2) of section 5 (as amended by section 4 of the Courts and Court Officers Act, 2002) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Supreme Court or of ordinary judge of the High Court), subsection (2) or (2B) of section 17 (as amended by section 5 of the Courts and Court Officers Act, 2002) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Circuit Court) or subsection (2) or (3) of section 29 of the Act of 1961 (in the case of an appointment to the office of judge of the District Court) in respect of appointment to the judicial office for which the person wishes to be considered, and the Board shall not recommend a person to the Minister under this section unless the person satisfies those requirements. | ||
(b) (i) The Board shall recommend a person to the Minister under this section only if the Board is of the opinion that the person— | ||
(I) has displayed in his or her practice as a barrister or a solicitor a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned, | ||
(II) in the case of an appointment to the office of ordinary judge of the Supreme Court or of ordinary judge of the High Court, has an appropriate knowledge of the decisions, and an appropriate knowledge and appropriate experience of the practice and procedure, of the Supreme Court and the High Court, | ||
(III) is suitable on the grounds of character and temperament, | ||
(IV) complies with the requirements of section 19 of this Act, and | ||
(V) is otherwise suitable. | ||
(ii) In determining whether the requirements of subparagraph (i)(II) of this paragraph are satisfied, the Board shall have regard, in particular, to the nature and extent of the practice of the person concerned insofar as it relates to his or her personal conduct of proceedings in the Supreme Court and the High Court whether as an advocate or as a solicitor instructing counsel in such proceedings or both.”. |