Publication
General Scheme of the Judicial Appointments Commission Bill 2020
Published on
Last updated on
Published on
Last updated on
The General Scheme of the Judicial Appointments Commission Bill will, in summary, provide for the establishment of a Judicial Appointments Commission of 9 members to replace the Judicial Appointments Advisory Board (JAAB).
The Commission will be chaired by the Chief Justice rather than the Lay Chair model provided for in the 2017 Bill, and will have a substantial (4 out of 9) lay membership.
Under the Bill, the Minister will receive 5 unranked recommendations for each vacancy; 8 recommendations in instances where there are two vacancies; and 11 recommendations where there are three vacancies.
Serving judges wishing to be considered for promotion to a higher judicial position will be required to apply to the Commission under the Bill.
The membership of the Commission (Head 9) will be:
The Scheme provides that PAS may initiate the process of recruitment of the lay members in the period prior to the commencement of the relevant section. (Head 10).
It is proposed that this arrangement will replace the existing JAAB composition of 11 members - 5 judicial members (Presidents of the courts including the Chief Justice who is Chairperson), 3 ‘legal’ members, that is, the Attorney General, 1 Law Society representative, 1 Bar Council representative and 3 lay persons.
The Minister proposes that the Commission will nominate 5 persons to the Minister for each vacancy. (Head 44).
In a similar manner to the Court and Court Officers Act / JAAB model, a list of all eligible persons who applied for a judicial appointment shall be forwarded to the Minister along with recommended names (Heads 44 and 45).
The Scheme ensures that all applications, including from serving judges, must be made in writing to the Commission (Heads 42 and 43). Under the Scheme, the Commission will assess and deal with applications from serving judges and develop appropriate procedures for their assessment. The current JAAB process only concerns first-time judicial appointments, with no statutory advisory role in place in respect of appointments from the ranks of serving judges.
The Scheme will provide for a Senior Judicial Appointments Advisory Committee (Head 48). This Committee will be composed of the Chief Justice, 1 lay member and the Attorney General and will recommend persons for appointment to the top three judicial posts only – Chief Justice, President of the Court of Appeal and President of the High Court. The Bill provides for the Chief Justice to be substituted in instances where the vacancy concerned is that of the Chief Justice. Any decision of this committee will be unanimous.
Appointments as President of the Circuit Court and President of the District Court will be filled through the Commission recommendation process, as with all other posts.
Provision for a dedicated support office headed by a Director and a small number of support staff is made in the Scheme. A new Commission is a significant organisational development and its remit will be significantly expanded compared to the JAAB. The Scheme will also provide for the appointment of an interim Director by the Minister in order to facilitate early establishment of the Commission (Heads 33, 34, 35 and 36).
The Commission will develop upgraded procedures and requirements for judicial office selection working through a Procedures Committee; it will prepare and publish statements setting out selection procedures and (judicial) skills and attributes having regard to several criteria (including such matters as diversity). It is proposed that the Procedures Committee will be chaired by the Chief Justice, or a Judicial Council nominee. (Head 19).