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Tag Archives: Chief Justice of Ireland


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Death of Cearbhall Ó Dálaigh, the Fifth President of Ireland

Cearbhall Ó Dálaigh, Fianna Fáil politician, judge and barrister who serves as the fifth president of Ireland from December 1974 to October 1976, dies on March 21, 1978, in Sneem, County Kerry. He serves as Attorney General of Ireland from 1946 to 1948 and from 1951 to 1953, a Judge of the Supreme Court of Ireland from 1953 to 1973, Chief Justice of Ireland from 1961 to 1973 and a Judge of the European Court of Justice from 1973 to 1974.

Ó Dálaigh, one of four children, is born on February 12, 1911, in Bray, County Wicklow. His father, Richard O’Daly, is a fishmonger with little interest in politics. His mother is Una Thornton. His birth name is registered in English as Carroll O’Daly, which he uses during his legal career, and which is recorded by some publications.

Ó Dálaigh has an elder brother, Aonghus, and two younger sisters, Úna and Nuala. He goes to Saint Cronan’s Boys’ National School in Bray, and later to Synge Street CBS in Dublin. While attending University College Dublin (UCD), he becomes auditor of An Cumann Gaelach and of the Literary and Historical Society. He also becomes Irish language editor of The Irish Press.

Ó Dálaigh is a committed Fianna Fáil supporter who serves on the party’s National Executive in the 1930s. He becomes Ireland’s youngest Attorney General in 1946, under Taoiseach Éamon de Valera, serving until 1948. Unsuccessful in Dáil and Seanad elections in 1948 and 1951, he is re-appointed as Attorney General of Ireland in 1951. In 1953, he is nominated as the youngest-ever member of the Supreme Court by his mentor, de Valera. Less than a decade later, he becomes Chief Justice of Ireland, on the nomination of Taoiseach Seán Lemass. He is a keen actor in his early years, and becomes a close friend of actor Cyril Cusack. It is commonly stated that Ó Dálaigh and Cusack picketed the Dublin launch of Disney‘s Darby O’Gill and the Little People in 1959, for what they felt was the film’s stereotyping of Irish people. However, there is no known contemporary reference to this having occurred.

Ó Dálaigh is an opponent of the United States bombing of North Vietnam.

In 1972, Taoiseach Jack Lynch suggests to the opposition parties that they agree to nominate Ó Dálaigh to become President of Ireland when President de Valera’s second term ends in June of the following year. Fine Gael, confident that its prospective candidate, Tom O’Higgins, will win the 1973 presidential election, having almost defeated de Valera in 1966, turn down the offer. Fianna Fáil’s Erskine H. Childers goes on to win the election that follows.

When Ireland joins the European Economic Community (EEC), Lynch appoints Ó Dálaigh as Ireland’s judge on the European Court of Justice. When President Childers dies suddenly in 1974, all parties agree to nominate Ó Dálaigh to replace him.

Ó Dálaigh’s tenure as president proves to be contentious. While popular with Irish language speakers and with artists, and respected by many republicans, he has a strained relationship with the Government of the 20th Dáil, particularly with Minister Conor Cruise O’Brien and Taoiseach Liam Cosgrave.

Ó Dálaigh’s decision in 1976 to exercise his power to refer a bill to the Supreme Court to test its constitutionality brings him into conflict with the Fine Gael-Labour National Coalition. Following the assassination of the British Ambassador to Ireland, Christopher Ewart-Biggs, by the Provisional Irish Republican Army (IRA), on July 23, 1976, the government announces its intention to introduce legislation extending the maximum period of detention without charge from two to seven days.

Ó Dálaigh refers the resulting bill, the Emergency Powers Bill, to the Supreme Court. When the court rules that the bill is constitutional, he signs the bill into law on October 16, 1976. On the same day, an IRA bomb in Mountmellick, County Laois, kills Michael Clerkin, a member of the Garda Síochána, the country’s police force. Ó Dálaigh’s actions are seen by government ministers to have contributed to the killing of this Garda. On the following day, Minister for Defence Paddy Donegan, visiting a barracks in Mullingar, County Westmeath, to open a canteen, attacks the President for sending the bill to the Supreme Court, calling him a “thundering disgrace.”

Ó Dálaigh’s private papers show that he considered the relationship between the President (as Commander-in-Chief of the Defence Forces) and the Minister for Defence had been “irrevocably broken” by the comments of the Minister in front of the army Chief of Staff and other high-ranking officers. Donegan offers his resignation, but Taoiseach Liam Cosgrave refuses to accept it. This proves the last straw for Ó Dálaigh, who believes that Cosgrave had additionally failed to meet his constitutional obligation to regularly brief the President. He resigns from the presidency on October 22, 1976, “to protect the dignity and independence of the presidency as an institution.” He is succeeded as President of Ireland by Patrick Hillery.

Ó Dálaigh dies of a heart attack on March 21, 1978, less than two years after resigning the presidency. He is buried in Sneem, County Kerry.


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Official Opening of the New Court of Appeal Building

President Michael D. Higgins officially opens the new Court of Appeal building in the Four Courts on November 26, 2015. The court, situated in the former Public Records building in the Four Courts complex, has been refurbished at a cost of €3 million.

The ten-judge court is established in 2014. President of the Court of Appeal, Justice Sean Ryan, says the court has achieved major success in dealing with criminal appeals. He says the court is also committed to realising the hopes and expectations of the people when they established the new court and to making whatever changes are necessary.

Justice Ryan says the new court has inherited 660 cases from the Court of Criminal Appeal and has taken on 287 new appeals up to the previous July. Two hundred eighty have been disposed of and all cases ready for hearing are listed for hearing next term.

On the civil side Justice Ryan says the total number of civil appeals disposed of is 468. New civil appeals number 60 a month. He adds that he and his colleagues have achieved a remarkable amount in a short space of time.

President Higgins pays tribute to the work of the court to date. He says it inherited a significant workload from the Supreme Court and the initial priority is to reduce the backlog of criminal cases. Inroads have also been made into reducing the waiting times for dealing with civil appeals.

President Higgins says that the courts play a vital role in the function of the State and there are also plans to faciltate a second court to hear civil appeals which will make further progress in reducing waiting times. He says the effectiveness and efficiency in the court system is also underscored by Ireland’s obligations under a number of international agreements, including Article 6 of the European Convention on Human Rights, which guarantees citizens a right to a fair and speedy trial.

Chief Justice Susan Denham says the occasion is a significant one for the people of Ireland who decided there should be a Court of Appeal. She adds that it is an important day for all involved in the law and that the new judges of the court have “done trojan work on this great project for the people of Ireland.”

(From: “President opens new Court of Appeals building,” Raidió Teilifís Éireann (RTÉ), http://www.rte.ie, November 26, 2015 | Pictured: President Michael D. Higgins (left) pays tribute to the work of the court to date)


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Birth of Susan Denham, First Female Chief Justice of Ireland

Susan Jane Denham, SC (née Gageby), Irish judge who is the first woman to hold the position of Chief Justice of Ireland (2011-17), is born in Dublin on August 22, 1945. She serves as a Judge of the Supreme Court of Ireland (1992-2017), and is the longest-serving member of the court on her retirement. She also serves as a Judge of the High Court (1991-92).

Gageby is the daughter of the former editor of The Irish Times, Douglas Gageby, the sister of another barrister, Patrick Gageby, and maternal granddaughter of Seán Lester. She is from a Church of Ireland background. She is educated at Alexandra College, Dublin, and attends Trinity College Dublin, the King’s Inns, and the Law School of Columbia University, New York City (LL.M. 1972). She is involved with the Free Legal Advice Centres while studying in Dublin and is a founder and president of the Archaeology and Folklife Society at Trinity College.

Gageby is called to the bar in July 1971 and becomes a Senior Counsel in October 1987. She is the fourth woman to enter the Inner Bar. She becomes a senior counsel on the same day as future Supreme Court colleague Mary Laffoy. She works on the Midland circuit until 1979, following which she is based in Dublin. She is involved in a number of leading cases while a junior barrister and a Senior Counsel particularly in the area of judicial review. She becomes a High Court judge in 1991.

Gageby marries paediatrician Dr. Brian Denham in 1992. Also in 1992, at the age of 47, Denham is the first woman appointed to the Supreme Court. She is considered for appointment to the role of President of the High Court in 1994, but declines to have her name put forward. She makes two dissents early on in her period on the Court. Throughout her tenure as a judge she is seen by commentators to be a “liberal” judge.

In Kelly v Hennessy in 1996, Denham outlines criteria for a court to consider the evidence of the existence of nervous shock in Ireland. In 2001, she is the sole member of the Supreme Court to dissent in TD v Minister for Education. The court overturns a decision of Peter Kelly in the High Court to direct the government to build secure care units for certain children.

From 1995 to 1998, Denham chairs the Working Group on a Courts Commission, which is responsible for a significant reform of the organisation of the courts since the foundation of the state. It leads to the establishment of the Courts Service. She is on the Interim Board of the Court Service and serves on the Board of the Court Service from its inception, and chairs the board from 2001 to 2004. She chairs the Committee on Court Practice and Procedure which recommends in 2002 the establishment of a commercial court within the High Court.

From 2006, Denham chairs the Working Group on a Court of Appeal. The report of the group is published by the government in August 2009 and recommends the establishment of a general Court of Appeal. This is ultimately established in 2014, after a referendum in 2013.

Denham is part of the Irish delegation which, with the Netherlands and Belgium, establishes the European Network of Councils for the Judiciary (ENCJ) and she continues an involvement in this Network. From January 1, 2015 to December 31, 2016, she is President of the Network of the Presidents of the Supreme Judicial Courts of the European Union which is an association of Supreme Court Presidents and Chief Justices of EU Member States.

Denham writes the judgment in McD v. L (2009), upholding the parental rights of a sperm donor.

On July 4, 2011, Denham is nominated by Taoiseach Enda Kenny to become Chief Justice of Ireland, and is appointed as Chief Justice by President Mary McAleese on July 25, 2011. She is the first woman appointed to the office and as a member of the Church of Ireland, she is the first non-Catholic to hold the position. She is also the first graduate of Trinity College Dublin to have been appointed as Chief Justices have largely been graduates of University College Dublin. She succeeds John L. Murray.

During Denham’s tenure as Chief Justice, the Supreme Court issues suspended declarations of unconstitutionality for the first time. The possibility to delay the effect of a court declaration that a piece of legislation is contrary to the Constitution is first explored by Denham in A v Governor of Arbour Hill Prison. The court first adopts this approach in N.V.H. v Minister for Justice & Equality in May 2017.

As Chief Justice, Denham oversees changes in the operations of the Supreme Court and the courts generally. She oversees the removal of the requirement for judges to wear wigs while hearing cases. In 2015, the Supreme Court sits outside Dublin for the first time since 1931, sitting in Cork. She corresponds with the Office of Public Works over the lack of heating in the Four Courts, threatening to cancel sittings if the issue is not resolved. She advocates for the inclusion of a new courtroom for the Supreme Court in plans to develop a new family court complex on Hammond Lane.

In her capacity as Chief Justice, Denham oversees the administration of the Presidential Declaration of Office at the inauguration of President Michael D. Higgins in Dublin Castle in November 2011.

Denham retires from the position in July 2017, and is succeeded by Judge Frank Clarke. She is the third-longest serving Supreme Court judge ever at the time of her retirement. In her remarks on her retirement, she draws attention to the government’s failure to institute a judicial council, having first attempted to persuade the government to establish one in 1997.

In 2019, Denham is made an honorary fellow of Trinity College Dublin, where she was a Pro-Chancellor from 1996-2010.

The Courts Service announces on August 24, 2020 that the Supreme Court has appointed Denham to review the attendance of Supreme Court judge Séamus Woulfe at a dinner organised by the Oireachtas Golf Society. She is appointed on a non-statutory basis as the relevant section in the Judicial Council Act 2019 on judicial conduct has not yet been commenced.


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Death of Supreme Court Judge Adrian Hardiman

Adrian Hardiman, Irish judge who serves as a Judge of the Supreme Court of Ireland from 2000 to 2016, dies in Portobello, Dublin, on March 7, 2016. He writes a number of important judgments while serving on the Court. He also presides, as does each Supreme Court judge on a rotating basis, over the Court of Criminal Appeal.

Hardiman is born on May 21, 1951, in Coolock, Dublin. His father is a teacher and President of the Association of Secondary Teachers, Ireland (ASTI). He is educated at Belvedere College, Dublin, and University College Dublin, where he studies history, and the King’s Inns. He is president of the Student Representative Council at UCD and Auditor of the Literary and Historical Society (UCD) and wins The Irish Times National Debating Championship in 1973.

Hardiman is married to Judge Yvonne Murphy, from County Donegal, a judge of the Circuit Court between 1998 and 2012, who conducts important inquiries relating to sex abuse including the Murphy Report and the Cloyne Report. She serves as chair of the Mother and Baby Homes Commission of Investigation. They have three sons, Eoin, who is a barrister and has been a member of the Mountjoy Prison Visiting Committee, Hugh, who is a personal assistant to Minister for Justice, Equality and Law Reform Michael McDowell, and Daniel, a doctor.

Hardiman joins Fianna Fáil while a student in University College Dublin, and stands unsuccessfully for the party in the local elections in Dún Laoghaire in 1985. In 1985, he becomes a founder member of the Progressive Democrats, but leaves the party when he is appointed to the Supreme Court. He remains very friendly with the former party leader and ex-Tánaiste, Michael McDowell, who is a close friend at college, a fellow founding member of the party, and best man at his wedding.

Hardiman is called to the Irish Bar in 1974 and receives the rare honour of being appointed directly from the Bar to Ireland’s highest court. Prior to his elevation to the Supreme Court in 2000, he has a successful practice as a barrister, focusing on criminal law and defamation.

Politically, Hardiman supports the liberal side in Ireland’s debates over abortion, being active in the “anti-amendment” campaign during the 1982 Abortion Referendum and later represents the Well Woman Centre in the early 1990s. After his death, he is described by Joan Burton as a liberal on social issues. But he could be an outspoken opponent of Political Correctness, such as when he rejects the Equality Authority‘s attempt to force Portmarnock Golf Club to accept women as full members. He also believes that certain decisions, such as those involving public spending, are better left to elected politicians rather than unelected judges, regardless of how unpopular that might sometimes be in the media (which he tends to hold in low esteem) and among what he describes as the “chattering classes.”

Hardiman’s concern for individual rights is not confined to Ireland. In February 2016, he criticizes what he describes as the radical undermining of the presumption of innocence, especially in sex cases, by the methods used in the UK‘s Operation Yewtree inquiry into historical sex allegations against celebrities, and he also criticizes “experienced lawyer” and then United States presidential candidate Hillary Clinton for allegedly declaring in January that “every accuser was to be believed, only to amend her view when asked if it applied to women who had made allegations against her husband”, former U.S. President Bill Clinton.

In a tribute following his death in 2016, President Michael D. Higgins says Justice Hardiman “was one of the great legal minds of his generation”, who was “always committed to the ideals of public service.” He is described as a “colossus of the legal world” by Chief Justice Susan Denham.

One commentator writes that “Hardiman’s greatest contribution …was the steadfast defence of civil liberties and individual rights” and that “He was a champion of defendants’ rights and a bulwark against any attempt by the Garda Síochána to abuse its powers.”


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Death of Cyril Cusack, Irish Film & Television Actor

Cyril James Cusack, Irish actor who appears in numerous films and television productions in a career lasting more than 70 years, dies in Chiswick, London, England on October 7, 1993. In 2020, he is listed at number 14 on The Irish Times‘s list of Ireland’s greatest film actors.

Cusack is born in Durban, Natal, South Africa, on November 26, 1910. His mother, Alice Violet (née Cole), is an English Cockney actress and chorus girl, and his father, James Walter Cusack, is an Irish mounted policeman in the Colony of Natal, South Africa. His parents separate when he is young and his mother takes him to England, and then to Ireland. His mother and her partner, Brefni O’Rorke, join the O’Brien and Ireland Players.

Cusack makes his first stage performance at the age of seven. He is educated at Newbridge College in Newbridge, County Kildare, then reads law at University College Dublin. He leaves without a degree and joins the Abbey Theatre in 1932. Between then and 1945, he performs in over 60 productions, particularly excelling in the plays of Seán O’Casey. He also performs Irish playwright Teresa Deevy‘s plays Katie Roche and The King of Spain’s Daughter. In 1932 he also joins the Gate Theatre company, appearing with them in many notable productions over the years. In 1947, he forms his own company and stages productions in Dublin, Paris and New York.

In 1963, Cusack joins the Royal Shakespeare Company in London and appears there for several seasons. By this stage he has established a successful career in films, which had started at the age of eight. Also in 1963, he wins a Jacob’s Award for his performance in the Telefís Éireann production of Triptych. He receives honorary degrees in 1977 and 1980 from the National University of Ireland (NUI) and the University of Dublin respectively.

Cusack, who is bilingual in English and Irish, has a leading role in the controversial Irish language film Poitín (1977). He is also offered the role of the First Doctor in Doctor Who.

Cusack’s last stage performance is in Anton Chekhov‘s Three Sisters (1990), in which three of his daughters play the sisters.

Cusack is twice married, firstly to Mary Margaret “Maureen” Kiely (1920–1977), on April 5, 1945. Together they have five children: Paul (1946), Sinéad (1948), Sorcha (1949), Niamh (1959), and Pádraig (1962). He and his second wife, Mary Rose Cunningham (1979–1993), have one daughter, Catherine (1968).

In later life, Cusack becomes a campaigner for conservative causes in Ireland, notably in his opposition to abortion, where he becomes a frequent letter-writer to the main liberal Irish newspaper, The Irish Times. Regarding his Catholic faith, he comments “Religion promotes the divine discontent within oneself, so that one tries to make oneself a better person and draw oneself closer to God.” His religious credentials come under scrutiny following his death and the revelation that he had been unfaithful in his first marriage, with a long-term mistress, Mary Rose Cunningham. He marries Cunningham following his first wife’s death.

Cusack is a longtime friend of Attorney General of Ireland, Chief Justice of Ireland and fifth President of Ireland Cearbhall Ó Dálaigh, whom he got to know when they were students at University College Dublin in the early 1930s.

On October 7, 1993, Cusack dies at the age of 82 at home in Chiswick, Greater London, from amyotrophic lateral sclerosis (ALS). His acting career had lasted 75 years.

Cusack is the maternal grandfather of Irish Socialist Workers Party Teachta Dála (TD) Richard Boyd Barrett and English actor Max Irons.


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Funeral of Economist Dr. T. K. Whitaker

The funeral of Dr. T. K. Whitaker, former civil servant and economist, takes place in Dublin on January 13, 2017. Regarded as the architect of the modern Irish economy, he dies at age 100 on January 9. President Michael D. Higgins, Tánaiste Frances Fitzgerald, Minister for Finance Michael Noonan, Chief Justice Susan Denham, and Fianna Fáil Leader Micheál Martin are among those attending the requiem mass for Dr. Whitaker at Donnybrook Church.

Whitaker is born in Rostrevor, County Down, to Roman Catholic parents on December 8, 1916, and reared in Drogheda, County Louth, in modest circumstances. His mother, Jane O’Connor, comes from Ballyguirey East, Labasheeda, County Clare. His father, Edward Whitaker, hails from County Westmeath and is assistant manager of a linen mill. He receives his primary and secondary education at the local CBS in Drogheda. He studies mathematics at University College Dublin.

In 1956, Whitaker is appointed Secretary of the Department of Finance. His appointment takes place at a time when Ireland’s economy is in deep depression. Economic growth is non-existent, inflation apparently insoluble, unemployment rife, living standards low and emigration at a figure not far below the birth rate. He believes that free trade, with increased competition and the end of protectionism, will become inevitable and that jobs will have to be created by a shift from agriculture to industry and services. He forms a team of officials within the department which produces a detailed study of the economy, culminating in a plan recommending policies for improvement. The plan is accepted by the government and is transformed into a white paper which becomes known as the First Programme for Economic Expansion. Quite unusually this is published with his name attached in November 1958. The programme which becomes known as the “Grey Book” brings the stimulus of foreign investment into the Irish economy. Before devoting himself to poetry, Thomas Kinsella is Whitaker’s private secretary.

In 1977, Taoiseach Jack Lynch nominates Whitaker as a member of the 14th Seanad Éireann. He serves as a Senator from 1977–81, where he sits as an independent Senator.

In 1981, Whitaker is nominated to the 15th Seanad Éireann by Taoiseach Garret FitzGerald, where he serves until 1982. FitzGerald also appoints him to chair a Committee of Inquiry into the Irish penal system, and he chairs a Parole Board or Sentence Review Group for several years.

Whitaker also serves as Chancellor of the National University of Ireland from 1976 to 1996. He is also President of the Royal Irish Academy and as such, a member of the Board of Governors and Guardians of the National Gallery of Ireland, from 1985 to 1987. He has a very strong love for the Irish language throughout his career and the collection of Irish poetry, An Duanaire: Poems of the Dispossessed 1600–1900, edited by Seán Ó Tuama and Thomas Kinsella, is dedicated to Whitaker. From 1995–96 he chairs the Constitution Review Group, an independent expert group established by the government, which publishes its report in July 1996.

Whitaker receives many national and international honours and tributes for his achievements during his lifetime, most notably the conferral of “Irishman of the 20th Century” in 2001 and Greatest Living Irish Person in 2002. In November 2014, the Institute of Banking confers an Honorary Fellowship on Whitaker and creates an annual T.K. Whitaker Scholarship in his name. In April 2015, he is presented with a lifetime achievement award by University College Dublin’s Economics Society for his outstanding contribution to Ireland’s economic policy.

In November 2016, to mark his centenary year, Dún Laoghaire-Rathdown County Council acknowledges Whitaker’s “outstanding and progressive contribution to Irish public service and to society.” The Cathaoirleach of Dún Laoghaire Rathdown, Cormac Devlin, presents a special award to Whitaker which is accepted by Ken Whitaker on behalf of his father.


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Birth of Hugh Kennedy, Politician, Barrister & Judge

File source: http://commons.wikimedia.org/wiki/File:Hugh_Kennedy.jpgHugh Edward Kennedy, Fine Gael politician, barrister and judge, is born in Abbotstown, Dublin on July 11, 1879. He serves as Attorney General of Ireland from 1922 to 1924, a Judge of the Supreme Court of Ireland from 1924 to 1936 and Chief Justice of Ireland from 1924 to 1936. He serves as a Teachta Dála (TD) for the Dublin South constituency from 1923 to 1927. As a member of the Irish Free State Constitution Commission, he is also one of the constitutional architects of the Irish Free State.

Kennedy is the son of the prominent surgeon Hugh Boyle Kennedy. His younger sister is the journalist Mary Olivia Kennedy. He studies for the examinations of the Royal University of Ireland while a student at University College Dublin and King’s Inns, Dublin. He is called to the Bar in 1902. He is appointed King’s Counsel in 1920 and becomes a Bencher of King’s Inn in 1922.

During 1920 and 1921, Kennedy is a senior legal adviser to the representatives of Dáil Éireann during the negotiations for the Anglo-Irish Treaty. He is highly regarded as a lawyer by Michael Collins, who later regrets that Kennedy had not been part of the delegation sent to London in 1921 to negotiate the terms of the treaty.

On January 31, 1922, Kennedy becomes the first Attorney General in the Provisional Government of the Irish Free State. Later that year he is appointed by the Provisional Government to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State, which is established on December 6, 1922. The functions of the Provisional Government are transferred to the Executive Council of the Irish Free State. He is appointed Attorney General of the Irish Free State on December 7, 1922.

In 1923, Kennedy is appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission is chaired by James Campbell, 1st Baron Glenavy, who had also been the last Lord Chancellor of Ireland. It drafts the Courts of Justice Act 1924 for a new court system, including a High Court and a Supreme Court, and provides for the abolition, inter alia, of the Court of Appeal in Ireland and the Irish High Court of Justice. Most of the judges are not reappointed to the new courts. Kennedy personally oversees the selection of the new judges and makes impressive efforts to select them on merit alone. The results are not always happy. His diary reveals the increasingly unhappy atmosphere, in the Supreme Court itself, due to frequent clashes between Kennedy and his colleague Gerald Fitzgibbon, since the two men prove to be so different in temperament and political outlook that they find it almost impossible to work together harmoniously. In a similar vein, Kennedy’s legal opinion and choice of words could raise eyebrows amongst legal colleagues and fury in the Executive Council e.g. regarding the Kenmare incident.

Kennedy is also a delegate of the Irish Free State to the Fourth Assembly of the League of Nations between September 3-29, 1923.

Kennedy is elected to Dáil Éireann on October 27, 1923, as a Cumann na nGaedheal TD at a by-election in the Dublin South constituency. He is the first person to be elected in a by-election to Dáil Éireann. He resigns his seat when he is appointed Chief Justice of Ireland in 1924.

On June 5, 1924, Kennedy is appointed Chief Justice of Ireland, thereby becoming the first Chief Justice of the Irish Free State. He is also the youngest person appointed Chief Justice of Ireland. When he is appointed he is 44 years old. Although the High Court of Justice and the Court of Appeal had been abolished and replaced by the High Court and the Supreme Court respectively, one of his first acts is to issue a practice note that the wearing of wigs and robes will continue in the new courts. This practice is still continued in trials and appeals in the High Court and the Supreme Court (except in certain matters). He holds the position of Chief Justice until his death on December 1, 1936 in Goatstown, Dublin.

In September 2015, a biography by Senator Patrick Kennedy (no relation) is written about Kennedy called Hugh Kennedy: The Great But Neglected Chief Justice.


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Alan Brodrick Appointed Lord Chief Justice of the Court of Queen’s Bench

alan-brodrickAlan Brodrick, 1st Viscount Midleton, a leading Anglo-Irish lawyer and politician of the early eighteenth century, is appointed Lord Chief Justice of the Court of Queen’s Bench on December 24, 1709. He is a man of great gifts, but so hot-tempered and passionate that even Jonathan Swift is said to have been afraid of him.

Brodrick is the second son of Sir St. John Brodrick of Ballyannan, near Midleton in County Cork, by his wife Alice, daughter of Laurence Clayton of Mallow, County Cork. His father receives large land grants during The Protectorate, and thus the family has much to lose if the land issue in Ireland is settled to the satisfaction of dispossessed Roman Catholics. He is educated at Magdalen College, Oxford and the Middle Temple, being called to the English bar in 1678. He and his relatives flee Ireland during the Glorious Revolution. They are attainted under the rule of King James II in Ireland. In exile in England, Brodrick argues for a speedy reconquest.

In 1690 Brodrick returns to Dublin and is given the legal office of Third Serjeant. He also becomes Recorder of Cork. He is dismissed as Serjeant in 1692, apparently on the ground that there is no work for him to do. While complaining bitterly about his dismissal, he admits privately that his post has been a superfluous one.

As a prominent Whig supporter of the outcome of the Glorious Revolution he is not always in agreement with court policies in Ireland, which he considers too lenient on the Jacobites. The dismissal of the First Serjeant, John Osborne, at the same time as Brodrick is due to his even stronger opposition to Court policy. Despite this he often holds Irish government offices and aspires to manage the Irish Parliament for English ministers. He represents Cork City in the Irish Parliament, which meets in 1692 and holds this seat until 1710. He is a vocal opponent of court policies, until the new Whig Lord Deputy of Ireland, Lord Henry Capell, decides to appoint him Solicitor-General for Ireland in 1695. He promotes penal laws against Catholics, whilst also supporting greater powers for the Irish Parliament.

Brodrick is Speaker of the Irish House of Commons from September 21, 1703. After promoting resolutions critical of the Lord Lieutenant of Ireland he loses his post as Solicitor-General in 1704. From 1707 until 1709 he is Attorney-General for Ireland. He becomes Chief Justice of Ireland in 1710 and is replaced as Speaker on May 19, 1710, but again holds the office in the next Parliament (November 25, 1713 – August 1, 1714), where he also represents Cork County. He is appointed Lord Chancellor of Ireland in 1714 and is ennobled in the Peerage of Ireland in 1715, as the 1st Baron Brodrick. He is advanced to the rank of 1st Viscount Midleton in 1717.

Brodrick feuds with his successor as Speaker William Conolly, as they are rivals to be the leading figure in Irish politics. Despite intrigues in England, he loses out and resigns as Lord Chancellor in 1725. He leaves behind him a legacy of bitterness and ill-will for which he is not really responsible as the Irish peers choose to blame him for the loss of their powers under the Sixth of George I, rather than their own misjudgment in imprisoning the Barons of the Exchequer.