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The Law Society of Ireland believes the low number of solicitors being appointed as judges to the High and Supreme Courts reveals that the system of selecting judges is prejudiced against solicitor candidates in favour of barristers.

Law Society Director General Ken Murphy says the statistics reveal a “shocking imbalance” and a lack of diversity which negatively impacts the public interest. “More than 80 per cent of the practising lawyers in this jurisdiction are solicitors. Since the enactment of the Courts and Court Officers Act 2002, solicitors have been eligible for appointment as judges of the High Court and the Supreme Court. Surprisingly however, just four of the 49 judges appointed to those courts since 2002 were solicitors.”

“In other words, 80 per cent of the legal profession has produced just 8 per cent of the senior judicial appointments in the last 12 years.”

“Of course, this is not even the slightest criticism of the highly able barristers who have been appointed to the High Court bench. But why have equally well-qualified and skilled solicitors been overlooked?”

“There is a genuine public interest at stake here. The Judicial Appointments Advisory Board (JAAB) has been approving solicitor candidates and passing their names to Government for consideration. The problem seems to arise primarily at Government level, despite the fact that successive governments have recognised that the public would benefit from appointing High Court and Supreme Court judges from a wider pool of talent.”

“Solicitors have a more diverse set of relevant legal skills, together with wider experience of law and of life. This prejudice against solicitor candidates for senior judicial office is a relic of the past that operates against the public interest.”