The Supreme Court is facing an unprecedented crisis after the Chief Justice said judge Seamus Woulfe should resign over his attendance at a controversial golf society dinner, and the judge has said he will not do so.
Mr Justice Frank Clarke expressed his personal opinion that Mr Woulfe should resign over his handling of the controversy now labelled “Golfgate,” according to the Irish Times.
However, Mr Woulfe has told the Chief Justice he will not resign.
The Chief Justice told the judge at a meeting last Thursday he should resign and reiterated that view in letters that evening and today, Monday.
The Chief Justice said the “unanimous view” of all members of the Supreme Court is that the judge has caused “significant and irreparable” damage to the court by how he has handled the matter, according to his November 5th letter.
It is not part of my role to ask, let alone tell, you to resign
“It is not part of my role to ask, let alone tell, you to resign. Resignation is and can only be for the judge him or herself. Regrettably, however, I believe that I should make clear my personal opinion that, to avoid continuing serious damage to the judiciary, you should resign," the Chief Justice wrote.
Mr Justice Woulfe replied the same evening he would not resign but is willing to donate three months of his salary to charity, not sit as a Supreme Court judge until February 2021 and to sit as a High Court judge to help out that court.
He said he did not think any of the reasons put forward for his resignation “remotely constitute substantial reasons or grounds for my resignation, let alone amount to judicial misconduct”.
He said he and the Chief Justice “have never met, formally or informally, to discuss the issues” in his nine page reply, despite former Chief Justice Susan Denham’s recommendation of an informal resolution process over his attendance at the dinner.
Letters
In his reply on Monday, the Chief Justice said he “regrettably” remained of the view that he should resign in order to maintain public confidence in the Supreme Court, the judiciary generally and the administration of justice.
On Monday night, the Supreme Court published letters exchanged between the Chief Justice and Mr Justice Woulfe following meetings last week to address the controversy. Mr Justice Woulfe had opposed publication.
Last week’s meetings followed the publication on October 1st of a non-statutory review by Ms Justice Susan Denham which expressed the view Mr Justice Woulfe had not broken any law or knowingly breached any public health regulations by attending the dinner.
Ms Justice Denham expressed the opinion he should not have attended at the dinner and was of opinion his resignation over the matter would be unjust and disproportionate and the Chief Justice should resolve the matter informally.
