Judicial Council Act 2019

50

Complaints

50. (1) A complaint concerning the conduct of a judge (in this Act referred to as the “judge concerned”) that is alleged to constitute judicial misconduct may be made to the Registrar in accordance with the procedures specified by the Judicial Conduct Committee under section 52 by a person who is directly affected by, or who witnessed, the conduct.

(2) A complaint may be made under subsection (1) on behalf of—

(a) a child, by a parent or guardian of the child, or

(b) a person who is unable to make the complaint himself or herself by reason of a mental or physical incapacity, by a person duly authorised by law to act on behalf of the first-mentioned person.

(3) A complaint may be made under subsection (1) on behalf of a solicitor who is a member of the Law Society of Ireland by a duly authorised officer of the Law Society of Ireland.

(4) A complaint may be made under subsection (1) on behalf of a barrister who is F4[a member of the Law Library] by a duly authorised officer of the General Council of the Bar of Ireland.

(5) The Registrar shall, as soon as practicable after the receipt of a complaint, notify the judge concerned of the complaint and provide him or her with—

(a) the name of the complainant, and

(b) particulars of the complaint.

(6) Where a complaint is made in accordance with subsection (2), (3) or (4) on behalf of a complainant referred to in each of those subsections by another person, any requirement in this Part to notify the complainant of any matter relating to the complaint or to send a draft report or notice to the complainant shall be construed as a requirement to notify that other person or to send the draft report or notice to that other person, as may be appropriate.

Annotations:

Amendments:

F4

Substituted (31.07.2023) by Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023), s. 82, S.I. No. 389 of 2023.