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Promoting Irish Culture and History from Little Rock, Arkansas, USA


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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.