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33 2019

JUDICIAL COUNCIL ACT 2019

PART 5

Judicial Conduct Committee

Chapter 1

Application of Part

Application of Part

42. (1) Subject to subsection (2), this Part shall apply to conduct alleged to constitute judicial misconduct that occurred or is alleged to have occurred after the commencement of this Part.

(2) Where there is more than one alleged incident of the conduct that is alleged to constitute judicial misconduct, with one or more such incidents having occurred or alleged to have occurred before the commencement of this Part and one or more such incidents having occurred or alleged to have occurred after such commencement, this Part shall apply only in relation to the alleged incidents of such conduct as have occurred or are alleged to have occurred after such commencement.

(3) This Part shall not apply to a complaint concerning a judge who, at the time of the making of the complaint, has ceased to be a judge.

(4) This Part shall cease to apply to a complaint if the judge in respect of whom the complaint was made ceases to be a judge—

(a) before the referral of the complaint for resolution by informal means under Chapter 4 or the initiation of an investigation of the complaint under Chapter 5,

(b) during the course of the resolution of the complaint by the informal means process under Chapter 4 or the conduct of an investigation of the complaint under Chapter 5, or

(c) before the proposal by the Minister of an Article 35.4.1°; motion, within the meaning of section 80 , in Dáil Éireann or Seanad Éireann in respect of the judge where the Judicial Conduct Committee is considering the making of, has determined that it should make or has made a referral under that section arising from the complaint,

and, in circumstances to which paragraph (b) or (c) applies, the said resolution by the informal means process, the conduct of the investigation of the complaint or, if appropriate, the process for the making of a referral under section 80 , as the case may be, shall be discontinued.

(5) The Registrar shall, in circumstances to which subsection (4) applies, inform the complainant concerned and the former judge concerned in writing that this Part has ceased to apply to the complaint concerned by reason of the fact that the judge concerned has ceased to be a judge.