In accordance with Articles 13.9 and 35.1 of the Constitution, judicial appointments are made by the President, acting on the advice of the government.
The following are the key actions undertaken to fill a judicial vacancy:
Eligible serving Judges who wish to express an interest in elevation to positions in the superior courts are not currently required to apply to the Judicial Advisory Appointments Board (JAAB). Expressions of interest may be submitted to the Minister of Justice via the Attorney General. While not currently governed by statutory provisions, such expressions of interest are received on an ongoing basis and retained for any current or future vacancies that might arise.
In deciding to advise the President on whom to appoint to judicial office the government is obliged under Section 16 of the Court and Court Officers Act 1995 to consider firstly the persons recommended by JAAB.
The JAAB is an independent Board which was established under the Courts and Court Officers Act 1995 to identify persons and inform the government of the suitability of those persons for appointment to judicial office. The Board consists of 11 members including the Chief Justice and 4 Court Presidents, the Attorney General, a representative of the Bar Council and of the Law Society and up to 3 lay members that are appointed by the Minister for Justice.
The process through which the Judicial Appointments Advisory Board recommends applicants (who meet the requirements for appointment and are not serving judges) for consideration by Government is set out in Part IV of the Courts and Court Officers Act 1995, as amended.
| Type of Court | Breakdown of positions |
| Supreme Court | 11 posts - Chief Justice and 9 ordinary judges, plus 1 additional post due to the Electoral Commission (1). |
| Court of Appeal | 18 posts - President and 17 Ordinary Judges |
| High Court | 51 posts - President and 48 Ordinary Judges plus 1 additional post due to Law Reform Commission membership (2). Plus 1 additional post due to the S.I. 778/2021 (3). |
| Circuit Court | 46 posts - President and 45 Ordinary Judges |
| District Court | 72 posts - President and 71 Ordinary Judges |
| Total judicial posts currently | 198 |
Footnotes:
(1) In regard to the Supreme Court: The Electoral Reform Act 2022 provides that the number of Ordinary Judges of the Supreme Court may be exceeded by one for the period of time that the Supreme Court Judge is the chair of the Electoral Commission.
(2) In regard to the High Court: Section 14 of the Law Reform Commission Act, 1975, as amended by Section 3 of the Courts (No. 2) Act, 1997, provides that “(b) in case on being so appointed such person is the President of the High Court or another judge of the High Court, other than a judge who is ex-officio an additional judge of that Court, then for so long as such person continues to hold the judicial office held by such person on so being appointed the number of ordinary judges of the High Court otherwise provided for may be exceeded by one.”
(3) In regard to the High Court: S.I. No. 778/2021 - Courts and Court Officers Act 1995 (Section 9(2)) Order 2021 allows that the number of ordinary judges of the High Court, otherwise provided for under any enactment for the time being in force, may be exceeded by one.
In December 2020 the Minister for Justice secured government approval for the drafting of a Judicial Appointments Commission (JAC) Bill. The Bill provides for the establishment of a new 9 member commission to replace the JAAB. Under the JAC, both serving judges and non-judges will have to apply through the Judicial Appointments Commission. The JAC will develop upgraded procedures and requirements for judicial office selection. A new Procedures Committee of the Commission will prepare and publish statements setting out selection procedures, including interviews, and judicial skills and attributes having regard to several criteria - including such matters as diversity.
The Judicial Appointments Commission Bill was passed by the Houses of the Oireachtas on 5 October 2023. On 13 October 2023, President Higgins referred the Bill to the Supreme Court asking to decide whether the Bill is constitutional.
The Judicial Planning Working Group (JPWG) was established by the Department of Justice in 2021 to bring a more strategic focus to judicial recruitment.
The JPWG Report was submitted to the Minister for Justice on 6 January 2023 and received Government approval on 21 January 2023.
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