Tibutes are being paid to the late Mr. Justice Kevin Feeney who died yesterday at the age of 61 in Ballycotton, Co. Cork. He was appointed to the High Court back in 2006.
The married father of four had four adult children and has been described as one of the greatest lawyers of his generation. His brother, John, was a journalist with the 'Evening Herald' newspaper.
He ruled on a number of Criminal Assets Bureau (CAB) cases, including the high-profile John Gilligan, and on personal injuries cases.
More recently he heard cases challenging promissory note payments by Ireland.
Mr. Justice Feeney is a former student of Gonzaga College, and a graduate of University College Dublin (UCD) and the King's Inns.
The President of the High Court has paid tribute to Mr. Justice Feeney. In a short address before High Court business started Mr. Justice Nicholas Kearns said it was with deep shock and sorrow that he had learned of his colleague's death. He said Mr. Justice Feeney was a judge held in the highest esteem by the entire judiciary, legal profession and his many friends.
President Kearns said his thoughts are with the family of the 61-year-old. The court then stood while a moment silence was observed.
Judge Feeney (centre) also chaired the Referendum Commission's information campaign on the Fiscal Treaty
Situation vacant
The High Court has the power to determine the validity of any law having regard to the Constitution, and it has the authority to determine all matters 'of law or fact, civil and criminal'. The high-profile position created by Kevin Feeney's departure must now be filled by the government.
They will act on the advice of the Judicial Appointments Advisory Board (JAAB), and will in turn pass their binding recommendation on to the President for his approval.
Seven people sit on the JAAB, which was established in 1996. They include Chief Justice Susan Denham, High Court President Nicholas Kearns, Circuit Court President Raymond Groarke, District Court President Rosemary Horgan, Attorney General Máire Whelan, nominees from the Bar Council and the Law Society and four others.
The government does not have to follow the advice of the Board and may appoint someone else, who is properly qualified. A solicitor has previously been appointed to the High Court, so it is not only barristers that have the right to be considered.
Concerns
Sinn Feín Justice spokesperson Pádraig Mac Lochlainn has previously raised concerns about the system of appointing judges, pointing out that the system could be open to political manipulation.
But Minister for Justice Alan Shatter has said that has never happened in his experience as a lawyer.
On that, courts.ie says judges are completely independent and must take the following oath, on their appointment "In the presence of Almighty God, I do solemnly and sincerely promise and declare that I will duly and faithfully and to the best of my knowledge and power execute the office of Chief Justice (or as the case may be) without fear or favour, affection or ill-will towards any man, and that I will uphold the Constitution and the laws. May God direct and sustain me."
