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Judicial Studies Committee

Background 

The provision of a modern training programme is an essential element in ensuring that the members of any profession deliver to their full potential.  Since 1995, an applicant for judicial office must undertake to the Judicial Appointments Board that, if appointed, they will take such courses of training or education, as may be required by the Chief Justice or President of their court.

The Judicial Council Act 2019 provided, for the first time, a statutory basis for education and training of the Irish Judiciary. Section 17 of the Act sets out the role and responsibilities of the Judicial Studies Committee in overseeing the education and training of the judiciary.   In preparation for the establishment of the Committee, a Judicial Studies Transition Group, chaired by Ms Justice Donnelly, drafted a Terms of Reference for the Judicial Studies Committee. These were adopted by the Council at its first meeting in February 2020. The Terms of Reference for the Judicial Studies Committee supplement and expand upon Section 17 of the Act.

 

The Judicial Studies Committee

This Committee was established on the 10th of February 2020.  Its functions are to provide for the continuing education of judges in relation to matters of law, ethics and conduct, human rights and equality, judgecraft and information technology. The Committee is committed to maintaining public trust in the judiciary and the administration of justice by delivering appropriate, effective, and timely training. The training is based on the core values and principles set out in the Guidelines for the Judiciary on Conduct and Ethics, including independence, impartiality, integrity, propriety, equality, competence, and diligence.

The Terms of Reference provide for the appointment of a Director of Judicial Studies and specifies that the appointed Director must be a sitting judge who will devote at least 50% of their working time to judicial studies. This is in line with international best practice where a key approach to judicial training is that it is judge-led i.e., judges (insofar as is possible) train judges. In July 2020, the Board appointed the first Director of Judicial Studies Ms. Justice Mary Rose Gearty of the High Court. Following her three-year tenure Mr. Justice Peter Charleton of the Supreme Court was appointed to the position in October 2023.

The Terms of Reference also provide for the appointment of a full-time Associate Director of Judicial Studies to support the Director. In October 2022, Maria Fitzgerald was appointed to this position and joined the staff of the Judicial Council.  

The promotion and protection of the core value of judicial independence in judicial training is fundamental to the training and education programme and is inherent in the commitment to providing high quality, judge-led training. The establishment and maintenance of communications with national and international agencies in judicial education and training is a key objective of the Committee.

From the outset strong links were established between the Committee and the judicial training colleges in the UK; the Judicial Studies Board of Northern Ireland, the Judicial College of England and Wales, and the Judicial Institute in Scotland. The Dutch Judicial Training Institute (SSR) and the European Judicial Training Network (EJTN) provided extensive planning support, advice and training.  Through collaborations with these bodies, international best practice was embedded in the education and training provisions offered to the Irish judiciary from the outset.

The Committee commenced its statutory tasks at the start of the Covid Pandemic. From mid-2020, several key priorities were identified including training of judicial trainers, induction and mentoring for new judges, and essential courses such as ethics. Between 2020 and 2024, programmes were developed, delivered, reviewed and updated with each year seeing an increase in the number of programmes in response to legislation, societal changes and scientific advances.

In 2023, the Committee developed the Judicial Studies Committee Workplan 2023-2026 to set out a strategic approach to training and ensure sustainable programmes. This plan highlights four key priority areas:  developing and delivering training programmes, ensuring adequate resources and supports, establishing policies and procedures, and raising awareness of the importance of judicial education and training. This plan is underpinned by an Annual Action Plan, which is a dynamic document that will be reviewed and updated as necessary.

The implementation of a comprehensive training needs analysis was identified as a key priority for 2024. The survey was launched at the National Conference in November. The outcome of the survey, combined with other identified training requirements and new legislative developments, will provide direction and guidance for the future work of the Judicial Studies Committee.

The members of the Committee are as follows:

Mr Justice Brian Murray

Ms Justice Nuala Butler, (Chairperson)

Ms Justice Niamh Hyland

Mr Justice Liam Kennedy

His Honour Judge Geoffrey Shannon

His Honour Judge Paul Kelly, President of the District Court

Judge Shalom Binchy

Mr Justice Peter Charleton, Director of Judicial Studies (ex officio, appointed 31st October 2023)

 

Education and Training Programmes

The Induction Programme

Starting in late 2020 and all newly appointed judges participate in a structured Induction Programme. Over the past three years the programme has expanded and now includes three key elements: Induction Modules, Mentoring and Shadowing.

The newly appointed judges attend Induction Modules prior to taking their seat on the bench. The core modules in the induction series are:

  • Procedural Justice
  • Courtroom Dynamics
  • Judicial Conduct and Ethics
  • Unconscious Bias

The modules are delivered in a cross-jurisdictional manner. Additional modules and one-to-one support are provided to meet specific jurisdictional requirements.

The Mentoring Programme, introduced in 2021, supports newly appointed judges during their first year. It comprises tailored training for mentors and mentees, underpinned by clear programme guidelines. A total of 42 judges are trained as mentors.

Shadowing opportunities, previously available to District Court judges, are now offered to all newly appointed judges of the Circuit and High Courts.

Continuing Professional Education and Training

Since 2020, a series of regular education and training programmes are offered to the Irish judiciary. A variety of approaches are used, from two-hour lecture style seminars with Q&A on a specific topic to half-day small group interactive workshops focusing on skill development, and day long conferences covering multiple areas of interest. Online, in-person and hybrid delivery options are used to ensure that all judges can avail of training. It should be noted that training predominantly takes place out-side of court hours in a hybrid manner thereby minimising the impact on the operation of the courts.

Where appropriate the education and training programmes may include input from NGOs, academics, and other experts.  Experienced judges from the UK, Canada and America have collaborated on a variety of training programmes. All courses and materials are regularly reviewed and updated to reflect participant feedback, new requirements, and best international practices.

Some of the programmes offered annually are:

  • Avoiding Re-traumatisation: A specialised workshop for criminal trial judges, focusing on reducing trauma for victims during sexual offence cases, with inputs from organisations such as One in Four.
  • Coercive Control: This training workshop delivered by the judicial trainers includes input from Women’s Aid and a leading academic and examines legal provisions, psychological impacts, and emerging case law.
  • Assisted Decision-Making: These seminars highlight the implications of the Assisted Decision-Making (Capacity) Act 2015 and feature contributions from the judiciary, the Decision Support Service and an NGO.
  • Personal Insolvency: Regular training is provided for Circuit Court judges, covering legislation, practical challenges, and the case management system.
  • Courtroom Control: Delivered using an interactive approach, judges work through a range of skills and techniques to support the efficient and effective management of the courtroom.

Other core workshop programmes offered include:

  • Judicial Conduct and Ethics
  • Unconscious Bias
  • Judgment Writing

Since his appointment in 2023, Mr Justice Peter Charleton, Director of Judicial Studies, has expanded the programmes to include seminars on substantive justice. These seminars complement existing judgecraft workshops with sessions on black letter law and case law.

Programmes offered in 2023-2024:

  • Habeus Corpus Applications
  • Mortgage Repossessions
  • Competition Law
  • Judgments
  • Four seminars on significant Supreme Court Decisions

Key Seminars and Events in 2023-2024

  • Law of Evidence Series (March-April 2024): This specialised series addressed critical areas of evidence law, including privilege, corroboration, hearsay, confessions, and children. Delivered in a hybrid manner, the series provided judges with the opportunity to deepen their understanding of complex evidentiary principles and how they relate to practice.
  • Our New Society Series (April-May): A seminar series exploring Ireland's increasingly diverse population, focusing on the Russian Orthodox, Muslim, African, and Traveller communities, with insights provided by speakers from these communities.
  • Train the Trainer Programme (May) Recognising the importance of judge-led training, the Committee developed a tailored Train the Trainer programmes with the support of the Dutch Judicial Training Institute (SSR). In 2024, 15 judges completed a specialised programme in Utrecht thereby increasing the number of judicial trainers to 40. In this way the Committee is committed to ensuring the supply of judges equipped to design and deliver judicial training programmes tailored to the needs of the Irish judiciary.
  • Site Visits (June-Sept). In response to requests from the judiciary, five site visits were organised in mid-2024 to eight prisons and a juvenile detention centre.
  • Sexual Violence Seminar (September): Delivered to judges overseeing criminal cases, this day-long seminar featured speakers from academia, the Bar, and the judiciary. A key highlight was a witness recounting her experience with the criminal justice system.
  • Voice of the Child Conference (November): This conference examined best practices for ensuring the authentic voice of the child is heard in family law hearings, featuring multidisciplinary contributions from the judiciary, NGOs, psychologists, and state agencies. Delivered in an interactive manner, the sessions provided extensive opportunity for discussion, debate, and the application of learning using scenarios.

Language Skills

The Judicial Studies Committee supports judges in enhancing their language skills:

  • Irish Language: Fortnightly lunchtime conversation classes, evening programmes, and an annual immersive Gaeltacht residential course.
  • French Language: Weekly 30-minute sessions, introduced in 2024, which have proven highly popular.

Judicial Conferences

The Committee supports four judicial conferences annually, each carefully designed to address emerging legal issues and legislative changes. Recent conferences have covered topics such as bail, domestic violence, DNA evidence, artificial intelligence, and the personal injuries guidelines. These conferences feature contributions from a wide range of experts, including academics, medical professionals, NGOs, state agencies, and experienced judges, thereby providing a multidisciplinary perspective on the issues facing the judiciary.

International Collaboration

Collaboration with international organisations remains central to the Judicial Studies Committee’s work. Key partners include the Dutch Judicial Training Institute (SSR), the Judicial College of England and Wales, the European Judicial Training Network (EJTN), the Judicial Institute for Scotland, the Judicial Commission of New South Wales, and the South African Judicial Education Institute and the Academy of Law (ERA).

Irish judges contribute to and participate in numerous international education and training events on an ongoing basis. These include the International Organisation for Judicial Training (IOJT) conferences, EJTN and ERA training programmes. They regularly deliver papers and training at conferences such as the Anglophone-Germanophone Family Law Judges’ Conference and the European Circuit Annual Conference, reflecting the growing emphasis on global judicial collaboration.

Looking Ahead to 2025

The Judicial Studies Committee remains committed to delivering high-quality judicial education and training. Under the leadership of Mr Justice Peter Charleton, Director of Judicial Studies, and Ms Justice Nuala Butler, Chair of the Judicial Studies Committee, the coming year will build on the success of existing initiatives while introducing innovative approaches to judicial education and training. With the ongoing implementation of the 2023-2026 Action Plan and guidance provided by the Training Survey, the Committee will continue to adapt and enhance its programmes to meet the evolving needs of the judiciary.

 

Last updated the 16th January 2025