Law Society explains backing for lay majority on judicial appointments board

The Law Society of Ireland has said Government proposals to reform the judicial appointments process represent “an opportunity for a fresh start”.

Ken Murphy, director general of the Law Society, wrote about the proposed new appointments regime in The Irish Times following the Law Society’s 25-page submission to the Department of Justice.

In the submission, the Law Society confirms its reported support for a lay majority and lay chairperson on the new judicial appointments commission, putting it at odds with the Bar Council of Ireland.

Writing in The Irish Times, Mr Murphy said a key objective of the new appointments process should be increasing the diversity of the bench to include “more women, more solicitors and, in general, more candidates from wider social and, indeed, geographical origins”.

He continued: “The society supports the proposed new judicial appointments commission with a majority non-legal membership.

“A majority of lay members will ensure there is a much greater measure of diverse public interest represented in the judicial selection process.”

Since solicitors became eligible for appointment to the superior courts in 2002, only eight solicitors have been appointed.

Mr Murphy added: “Greater public involvement in the selection of judges is central to the public interest.

“The Society has long called for a reduction in the discretion of the Government in judicial selection because of persistent fears that judicial selection has been too tightly linked to political party patronage or perceptions of such patronage. A reduction to three, per judicial appointment, in the number of names of recommended candidates being sent to Government will help greatly in this regard.

“The Government has also proposed that the new judicial appointments commission be chaired by a layperson – someone who is neither a judge nor a lawyer. The society welcomes this proposal also.”