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Rule preventing retired judge resume work as barrister is "unconstitutional", High Court told

Summary

In a High Court case, retired judge Barry White (71) argues that a Bar Council rule preventing him from practising as a barrister in courts equal to or below the ones he once presided over is unconstitutional. The rule, based on an 85‑year‑old Supreme Court decision involving former Appeal Court judge James O'Connor, bars retired judges from private practice in courts equal to or lower than their former courts. White, who served on the Central Criminal Court for over a decade before retiring in 2014, claims the rule infringes his constitutional rights to work and earn a livelihood, and is anti‑competitive and disproportionate. He has offered undertakings to avoid conflicts, such as not handling cases he previously presided over or using confidential information. The Bar Council, represented by Michael Collins SC and Paul Sreenan SC, seeks to dismiss the action, asserting the rule protects the integrity of the justice system.

Who, what, where, when and why

What: Report matter: Rule preventing retired judge resume work as barrister is "unconstitutional", High Court told. Procedural stage: appeal

When:

• 2016-07-05 Publication

Why: The court heard Mr White has offered a number of undertakings in order to address certain concerns raised by the Bar Council, including that he would not act in cases which he had presided over, that he would not use any confidential information he obtained as a judge, or act in cases where judgements he made were being challenged. Court evidence reported by CNI

Places mentioned

Topics

Stage Appeal

Read the original CNI report