James O'Connor (Irish jurist)
Encyclopedia
Sir James O'Connor PC
(1 April 1872 – 29 December 1931) was an Irish barrister
and judge He was appointed Solicitor-General for Ireland
in 1914, and Attorney-General for Ireland
in 1917.He served briefly as a High Court
judge, then as a Lord Justice of the Irish Court of Appeal
from 1918 to his enforced retirement in 1924. After a period of practice at the English Bar he returned to Ireland and was admitted as a solicitor, a decision which caused some controversy.
, third son of Michael O'Connor ,senior partner with a long-established solicitors firm, and educated at Blackrock College
He married Mary Keogh in 1897 He practiced as a solicitor for a few years before being called to the Bar in 1900; he became King's Counsel in 1908. Within a few years he had built up a large practice and rose with remarkable speed: Solicitor General at 42 and a judge of the Court of Appeal at 46.
In January 1921, during the Irish War of Independence
, O'Connor met informally in London
with Sir Edward Carson
and Father Michael O'Flanagan
to discuss a peaceful solution to the conflict, but without success. Nearly a year later the Anglo-Irish Treaty
was ratified by both sides.
His career was cut short by the Courts of Justice Act 1924
which abolished the High Court and Court of Appeal, and (with two exceptions ) forced the judges of those Courts to retire, although they received generous compensation. Like many of his colleagues he moved to England ,and was called to the Inner Bar there in 1925. Serious ill-health compelled him to give up practice. He returned to Ireland,where his health improved, and his doctors advised him that return to practice would be beneficial. He applied to be admitted ( technically re-admitted) as a solicitor, a move which caused controversy: in a landmark ruling the Chief Justice of Ireland
, Hugh Kennedy
, held that while in general such an application would be most improper, in the special circumstances O'Connor's application would be granted. He rejoined the family firm, but sadly the recovery in his health was short-lived and he died at 59.
The tenor of Kennedy's judgment suggests that he agreed fully with the Attorney General. He noted that before the Act of Settlement 1701
some senior judges like Francis Pemberton
had returned to practice at the Bar.However such conduct was unknown since 1701 and this in his view reflected the understanding that appointment to the Bench means that" the practice of law is abandoned forever".The reason he explained was that " if a man should step down from the privileged position of the Bench and throw off what is a sacred office to engage in the rough-and tumble of litigious contest....he will shake the authority of the judicial limb of Government , and mar the prestige of the Courts of Justice upon which the whole structure of the State must always lean.Moreover, a new way of scandal and corruption would be opened up."
However Kennedy found that special circumstances existed: notably O'Connor had not wished to return to practice but had been forcibly retired from the Bench, and it was on medical advice that he was seeking an active profession. Kennedy was careful to state that he was certain O'Connor had no improper motive; he granted the application on condition that O'Connor did not seek to appear in Court.
From Kennedy's diary it is clear he found the case difficult: he noted that there was a great deal of public interest, and that public opinion was generally against granting the application. He found with relief that his decision was greeted with general approval ,the only dissenter being his Supreme Court colleague Gerald Fitzgibbon
, with whom his relations were always strained.
Maurice Healy described him as a man of great ability but with no respect for the traditions of the Irish Bar: a failure as a Law Officer, but a good High Court judge and even better as an appeal judge.
Privy Council of Ireland
The Privy Council of Ireland was an institution of the Kingdom of Ireland until 31 December 1800 and of the United Kingdom of Great Britain and Ireland 1801-1922...
(1 April 1872 – 29 December 1931) was an Irish barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and judge He was appointed Solicitor-General for Ireland
Solicitor-General for Ireland
The Solicitor-General for Ireland was the holder of an Irish and then United Kingdom government office. The holder was a deputy to the Attorney-General for Ireland, and advised the Crown on Irish legal matters. At least one holder of the office, Patrick Barnewall played a significant role in...
in 1914, and Attorney-General for Ireland
Attorney-General for Ireland
The Attorney-General for Ireland was an Irish and then United Kingdom government office. The holder was senior to the Solicitor-General for Ireland, and advised the Crown on Irish legal matters...
in 1917.He served briefly as a High Court
High Court
The term High Court usually refers to the superior court of a country or state. In some countries, it is the highest court . In others, it is positioned lower in the hierarchy of courts The term High Court usually refers to the superior court (or supreme court) of a country or state. In some...
judge, then as a Lord Justice of the Irish Court of Appeal
Irish Court of Appeal
The Court of Appeal in Ireland was created by the Westminster Parliament under the Supreme Court of Judicature Act 1877 as the final appellate court within Ireland, then under British rule...
from 1918 to his enforced retirement in 1924. After a period of practice at the English Bar he returned to Ireland and was admitted as a solicitor, a decision which caused some controversy.
Biography
He was born in WexfordWexford
Wexford is the county town of County Wexford, Ireland. It is situated near the southeastern corner of Ireland, close to Rosslare Europort. The town is connected to Dublin via the M11/N11 National Primary Route, and the national rail network...
, third son of Michael O'Connor ,senior partner with a long-established solicitors firm, and educated at Blackrock College
Blackrock College
Blackrock College is a Catholic voluntary secondary school for boys aged 14–18, located in Williamstown, Blackrock, County Dublin, Ireland. The College was founded by French missionaries in 1860, to act as a school and civil service training centre. Set in of grounds, it has an illustrious...
He married Mary Keogh in 1897 He practiced as a solicitor for a few years before being called to the Bar in 1900; he became King's Counsel in 1908. Within a few years he had built up a large practice and rose with remarkable speed: Solicitor General at 42 and a judge of the Court of Appeal at 46.
In January 1921, during the Irish War of Independence
Irish War of Independence
The Irish War of Independence , Anglo-Irish War, Black and Tan War, or Tan War was a guerrilla war mounted by the Irish Republican Army against the British government and its forces in Ireland. It began in January 1919, following the Irish Republic's declaration of independence. Both sides agreed...
, O'Connor met informally in London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
with Sir Edward Carson
Edward Carson, Baron Carson
Edward Henry Carson, Baron Carson PC, PC , Kt, QC , often known as Sir Edward Carson or Lord Carson, was a barrister, judge and politician from Ireland...
and Father Michael O'Flanagan
Michael O'Flanagan
Fr. Michael O'Flanagan was an Irish Republican and Roman Catholic priest.-Early life:Born near Castlerea, County Roscommon, O'Flanagan's parents were native Irish speakers. He received his primary education at Cloonboniffe N.S. before traveling to Sligo where he attended secondary school at...
to discuss a peaceful solution to the conflict, but without success. Nearly a year later the Anglo-Irish Treaty
Anglo-Irish Treaty
The Anglo-Irish Treaty , officially called the Articles of Agreement for a Treaty Between Great Britain and Ireland, was a treaty between the Government of the United Kingdom of Great Britain and Ireland and representatives of the secessionist Irish Republic that concluded the Irish War of...
was ratified by both sides.
His career was cut short by the Courts of Justice Act 1924
Courts of Justice Act 1924
The Courts of Justice Act, 1924 was an Act of the Oireachtas that established the courts system of the Irish Free State pursuant to the Constitution of the Irish Free State...
which abolished the High Court and Court of Appeal, and (with two exceptions ) forced the judges of those Courts to retire, although they received generous compensation. Like many of his colleagues he moved to England ,and was called to the Inner Bar there in 1925. Serious ill-health compelled him to give up practice. He returned to Ireland,where his health improved, and his doctors advised him that return to practice would be beneficial. He applied to be admitted ( technically re-admitted) as a solicitor, a move which caused controversy: in a landmark ruling the Chief Justice of Ireland
Chief Justice of Ireland
The Chief Justice of Ireland is the president of the Supreme Court of Ireland.Under Constitution of Ireland, the Chief Justice of Ireland also occupies several positions ex officio, these include;* A possible judge of the High Court....
, Hugh Kennedy
Hugh Kennedy
Hugh Kennedy was the only Attorney-General of Southern Ireland and the first Attorney-General of the Irish Free State, and later the first Chief Justice of the Irish Free State. As a member of the Irish Free State Constitution Commission, he was also one of the constitutional architects of the...
, held that while in general such an application would be most improper, in the special circumstances O'Connor's application would be granted. He rejoined the family firm, but sadly the recovery in his health was short-lived and he died at 59.
In re O'Connor's Application
O'Connor is best remembered today for the crucial ruling on his application for admission as a solicitor , in which the Chief Justice held that while the application would be granted, as a general rule for a senior judge to return to legal practice was contrary to public policy.The case began badly when O'Connor filed an 8 line affidavit which , remarkably, did not refer to his career as a judge at all. The Chief Justice made clear his disapproval of this conduct, required a further detailed affidavit and requested the attendance of the Attorney General.The Attorney General's view was that " such a practice would open an avenue to corruption".The tenor of Kennedy's judgment suggests that he agreed fully with the Attorney General. He noted that before the Act of Settlement 1701
Act of Settlement 1701
The Act of Settlement is an act of the Parliament of England that was passed in 1701 to settle the succession to the English throne on the Electress Sophia of Hanover and her Protestant heirs. The act was later extended to Scotland, as a result of the Treaty of Union , enacted in the Acts of Union...
some senior judges like Francis Pemberton
Francis Pemberton
Sir Francis Pemberton was an English judge and briefly Lord Chief Justice of the King's Bench in the course of a turbulent career.-Early life:...
had returned to practice at the Bar.However such conduct was unknown since 1701 and this in his view reflected the understanding that appointment to the Bench means that" the practice of law is abandoned forever".The reason he explained was that " if a man should step down from the privileged position of the Bench and throw off what is a sacred office to engage in the rough-and tumble of litigious contest....he will shake the authority of the judicial limb of Government , and mar the prestige of the Courts of Justice upon which the whole structure of the State must always lean.Moreover, a new way of scandal and corruption would be opened up."
However Kennedy found that special circumstances existed: notably O'Connor had not wished to return to practice but had been forcibly retired from the Bench, and it was on medical advice that he was seeking an active profession. Kennedy was careful to state that he was certain O'Connor had no improper motive; he granted the application on condition that O'Connor did not seek to appear in Court.
From Kennedy's diary it is clear he found the case difficult: he noted that there was a great deal of public interest, and that public opinion was generally against granting the application. He found with relief that his decision was greeted with general approval ,the only dissenter being his Supreme Court colleague Gerald Fitzgibbon
Gerald Fitzgibbon
Gerald Fitzgibbon was an Irish barrister, independent Teachta Dála and one of the original judges of the Supreme Court of Ireland...
, with whom his relations were always strained.
Reputation
Hogan suggests that Kennedy's judgment and his diary reveal a low personal and professional opinion of O'Connor. It is true that Kennedy had an extremely poor opinion of the pre-Independence judges as a whole, recommended their removal en masse, and did not suggest O'Connor as one of the vey few exceptions. On the other hand he spelt out clearly that O'Connor was free from any suggestion of corruption, and according to one report stated that his return to the fold would be a great honour.Maurice Healy described him as a man of great ability but with no respect for the traditions of the Irish Bar: a failure as a Law Officer, but a good High Court judge and even better as an appeal judge.