The Supreme Court has dismissed a challenge by Circuit Court Judge Brian Curtin to the procedures put in place by the Oireachtas that could lead to his removal from office.
In the first judgment on issues relating to how a judge may be lawfully removed from office, the seven-judge court today unanimously ruled that the procedures put in place were constitutional and rejected the judge's challenge on all grounds.
The court found that the Select Committee set up by the Oireachtas to inquire into and report on the judge's alleged misbehaviour does have power to require Judge Curtin to appear before it and to produce to it a computer seized from his home by gardaí that allegedly contains images of child pornography.
Judge Curtin was acquitted in March 2004 when it was ruled the Garda had improperly executed a search warrant that led to the seizure of a personal computer allegedly containing downloaded pornographic images of children.
A motion for the removal of Judge Curtin was then set down before the Oireachtas but was adjourned while a select committee was established to inquire into and compile a report on the judge's alleged misbehaviour.
The committee's proceedings were put on hold pending the outcome of the judge's legal challenge.
The Supreme Court appeal centred on construction of Article 35.4 of the Constitution that provides a judge shall not be removed from office "except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Eireann and Seanad Eireann calling for his removal".
Today the court held that it was within the powers of the Houses of the Oireachtas to give the Joint Committee the power to report on Judge Curtin's alleged misbehaviour without making findings of fact, making recommendations or expressing opinions.
The Court also ruled that, following the report of the committee, both the Committee and the Houses of the Oireachtas can, "and must", give the judge his full rights to constitutional justice and fair procedures.
It also ruled that the power of the committee to call a judge as witness or to require him to produce articles of evidence did not involve any improper invasion of judicial power or judicial independence.
That power was enshrined in the Constitution "for the purpose of ensuring the fitness and the integrirty of the judiciary", it ruled.
The Tánaiste, Mary Harney welcomed the judgment, although she said she there was no certainty that the Committee would complete its work in the life of the current Dáil.
"I know the Committee of the Oireachtais will be keen to move quickly on this matter," said Ms Harney. "I'm not certain how long the process is going to take, we've never gone down this road before."