Brian Curtin facts for kids

Brian Curtin, born in 1951 or 1952, was a judge in Ireland's Circuit Court. He was a barrister before becoming a judge. Curtin became the center of a big political and legal discussion. This happened after a court case involving him. The question was whether he could continue as a judge. In 2004, the Minister for Justice, Michael McDowell, started a process in the Dáil (the Irish parliament) to remove him from his job. This process is called impeachment. However, Curtin resigned in 2006 because of his health, and the process stopped.

Early Life and Career Journey

Brian Curtin was the only child of a builder and his wife. His parents had moved from near Tralee in county Kerry, Ireland, to south London. Brian was born and grew up there. He went to St Joseph's Roman Catholic Primary School and then to the Salesian College.

In the 1970s, he studied at Trinity College Dublin. He then qualified as a barrister from King's Inns in 1976. As a barrister, he worked on important cases, like the Kerry Babies Tribunal. He became well-known in Kerry.

Curtin married Miriam McGillicuddy, who was a solicitor and later became the mayor of Tralee. They have one daughter. They separated around 1998. Brian Curtin was also involved in amateur drama. He even hosted a Sunday morning radio show on Radio Kerry. He was active in politics, first with the Fianna Fáil party and later with the Progressive Democrats. He tried to get elected to the Tralee Town Council but was not successful.

Curtin was appointed to several important roles before becoming a judge. In May 2001, he joined the Garda Complaints Appeals Board. In August 2001, he became part of the Refugee Appeals Tribunal. Finally, in November 2001, he was appointed to the Circuit Court. He heard cases in the Southwestern Circuit, which included his home county of Kerry.

Court Case and Outcome

In January 2003, Brian Curtin faced a legal challenge. His trial took place in April 2004, after some delays due to his health. During the trial, Curtin argued that a search of his home was not legal. He said it happened after the time limit of the search warrant had passed. The Gardaí (Irish police) said the delay was because Curtin was not home. They claimed the search happened within the correct time.

The judge in the trial decided that the search was indeed illegal. This meant that any evidence found during that search, like computer evidence, could not be used in court. Without this evidence, Curtin was found not guilty. The judge stated that the case was "crystal clear" once the evidence was removed.

Effort to Remove a Judge

After the court's decision, many people were upset. Online polls showed that most people did not think Judge Curtin should continue to serve as a judge. The government asked him to step down, but Curtin refused. He said that under the Constitution of Ireland, a judge could only be removed for "stated misbehaviour." The Irish Times newspaper also urged him to resign to avoid a big problem for the country's legal system.

In June 2004, the Minister for Justice, Michael McDowell, started an impeachment motion in the Dáil. He said that Curtin was "unsuitable to exercise the office of a judge of the Circuit Court." This was only the second time such a motion had been brought under the 1937 Constitution. The Dáil paused McDowell's motion and created a special committee of the Oireachtas (Irish parliament) to look into the evidence.

Judge Curtin challenged this inquiry in the courts. However, his challenges were not successful. In March 2006, the Irish Supreme Court upheld the process. The special committee then took the computer from the Gardaí and hired experts to examine it. This process took longer than expected. The committee planned to give a report to the Oireachtas later in 2006, so a debate and vote could happen.

However, in November 2006, Judge Curtin resigned from his position as a judge. He said he was resigning for health reasons. This happened just days before he was supposed to give evidence to the committee in private. It also happened shortly after he had completed five years as a judge, which was the minimum time needed to qualify for a pension. His resignation ended the investigation.