The Government has received correspondence from Judge Brian Curtin who was acquitted of child pornography charges, it emerged today.
The Government had asked for reasons why his credit card was used to purchase pornography on the Internet, but it is believed that the letter does not contain a comprehensive explanation or his resignation.
A spokesman confirmed that the Government would consider the matter at a cabinet meeting on Tuesday.
The Cork-based judge was acquitted of possessing child pornography last month after the trial judge ruled that a Garda warrant to search his house in May 2002 was out of date.
At a cabinet meeting four days after the trial, the Government gave the judge a week to provide an explain his actions.
Judge Curtin was then given an extension of two weeks to the original deadline in order to prepare his response.
If his reply is not found to be satisfactory, the Government could introduce impeachment proceedings to force his removal.
The Taoiseach, Mr Ahern is expected to consult the Minister for Justice, Mr McDowell and Attorney General, Mr Rory Brady, ahead of Tuesday's meeting.
A Judge has never been impeached in the State and the Government are concerned the procedures used may be open to legal challenge, particularly as Judge Curtin was acquitted of the charges.
A file has been sent to DPP in relation to a separate incident involving the Judge last weekend after he was stopped on suspicion of drink driving.