President of High Court announces decision to retire early

The President of the High Court has announced he will retire in December, four months earlier than planned.

Mr Justice Nicholas Kearns, who was due to retire in April 2016, said he would leave early so that he could spend time with his family in New Zealand.

He told those gathered in Court Number 4 at the Four Courts in Dublin he intended to visit his family and grandchildren in New Zealand in December and his decision to retire would give him the opportunity for a prolonged stay there.

The judge, who is married and has four children, said he had shared his thoughts with friends and colleagues. He said 17 years was a long time to be a judge. Knowing when to go was extremely important, he said.

Mr Justice Séamus Noonan will take over the judicial review list, overseen by Mr Justice Kearns, when the new legal term begins in October, and the president will continue to hear cases until his retirement.

Minister for Justice Frances Fitzgerald paid tribute to Mr Justice Kearns.

"While I expect there will be many opportunities over the coming months to acknowledge the lengthy and dedicated public service of Mr Justice Kearns, I would like, on this occasion, to express my sincere gratitude to Mr Justice Kearns for his exemplary service and dedication to the State, in particular, during his tenure as President of the High Court, " she said.

“Justice Kearns made an outstanding contribution to the Irish courts system during his many years on the bench. His retirement will represent a significant loss to the Irish justice system.”

Born in Dublin in 1946, Mr Justice Kearns was educated at St Mary’s College in Rathmines, UCD and the King’s Inns.

He was called to the bar in 1968 and to the English Bar in 1980. He was made a senior counsel in 1982 and in 1998, he was appointed a judge of the High Court. In 2004, he was appointed to the Supreme Court.

In October, 2009 he was appointed President of the High Court, and has presided over the judicial review list.

The many high-profile cases Mr Justice Kearns has dealt with include PP v HSE, in December last year, which involved a mother who was brain dead and 15-weeks pregnant. The court ruled, on St Stephen’s Day, the hospital could switch off the woman’s life-support system, in keeping with the wishes of her family and medics involved.

As president of the Special Criminal Court, Mr Justice Kearns presided over the trial of John Dundon for the murder of rugby player Shane Geoghegan.

He heard the challenge taken by Patrick McKillen to the powers of National Asset Management Agency. And he led in the right-to-die case, involving the late Marie Fleming, who had multiple dclerosis.

On a European stage, the judge held roles including vice-president of the Association of European Competition Law Judges, which he co-founded in 2000. He was appointed an alternate judge in the European Court of Human Rights on three occasions, in 2001, 2007 and 2008. In 2005, he was appointed to the Permanent Court of Arbitration at The Hague.

And in 2004, he chaired the Referendum Commission during the referendum on citizenship.

The judge is also a trustee of the Gate Theatre.