Frank Clarke (judge) facts for kids

George Bernard Francis Clarke (born 10 October 1951) is an Irish lawyer and judge. He is currently the President of the Law Reform Commission since July 2022. Before this, he held the very important role of Chief Justice of Ireland from 2017 to 2021.

Mr. Clarke had a successful career as a barrister (a type of lawyer) for many years. He worked on many different kinds of cases, especially those involving business and public law. He was even in charge of the Bar Council of Ireland (a group that represents barristers) from 1993 to 1995. He became a judge in the High Court in 2004, and then a judge in the Supreme Court in 2012. After retiring from being a judge, he went back to working as a barrister. He also leads the Irish Society for European Law.

Throughout his career as a lawyer and judge, he has been involved in many important cases that helped shape Irish law.

Early Life and Education

George Bernard Francis Clarke was born on 10 October 1951, in Walkinstown, a part of Dublin, Ireland. His father worked for customs, but sadly passed away when George was only eleven years old. His mother worked as a secretary.

He went to Drimnagh Castle Secondary School, which was a Christian Brothers school in Dublin. When he was younger, he was good at sports and even won the Dublin Junior High Jump Championship in 1969.

After school, he went to University College Dublin to study Economics and Maths. At the same time, he also studied at King's Inns to become a barrister. He was the first person in his family to go to university, and he was able to do so because he received special grants to help with the costs.

After finishing school, he joined a political party called Fine Gael. He helped write speeches for the then-leader of Ireland, Taoiseach Garret FitzGerald. He also helped with election campaigns.

Legal Career Highlights

George Clarke became a barrister in 1973. This means he was officially allowed to argue cases in court. In 1985, he became a "Senior Counsel," which is a more experienced and respected type of barrister. He worked on cases involving business, the Irish Constitution, and family law.

One of his very early cases, just two years after he started, was very important. He helped argue a case that led to a new rule: everyone accused of a crime in Ireland has a right to get legal help, even if they can't afford it. This is called "legal aid."

He was involved in many other significant cases. For example, he represented the State when tobacco companies tried to challenge laws that banned tobacco advertising. He also gave legal advice to the President of Ireland, Mary Robinson, on important legal matters.

From 1993 to 1995, Mr. Clarke was the Chairman of the Bar Council of Ireland, which is the main group for barristers in Ireland. He also taught law at King's Inns for several years. Later, he became a special professor at University College Cork and Trinity College Dublin.

Before becoming a judge, he also chaired the Employment Appeals Tribunal, which deals with workplace disputes. He was also involved in horse racing, serving as a steward for the Turf Club and chairman of Leopardstown Racecourse.

In 2004, George Clarke was appointed as a judge to the High Court. Then, in 2012, he became a judge in the Supreme Court. He served as the Chief Justice of Ireland from October 2017 until he retired on 10 October 2021.

After retiring as a judge, he went back to being a barrister. However, because of the rules for barristers, he cannot appear in any Irish court that is at the same or lower level than the Supreme Court. This means he mainly focuses on mediation (helping people solve problems without going to court) and arbitration (where a neutral person makes a decision in a dispute).

Judicial Career

High Court Judge

George Clarke became a High Court judge in 2004. While in this role, he was chosen to lead the Referendum Commission for the second vote on the Lisbon Treaty in 2009.

As a High Court judge, he made an important decision in a case involving a nursing home. He ruled that it was okay for a TV station to broadcast information that might otherwise be private, because it was very important for the public to know. He often worked in the Commercial Court, dealing with business cases. He also helped set up new court sections in Cork.

During his eight years in the High Court, he heard many different types of civil cases. These included cases about injuries, immigration, property, and taxes.

Supreme Court Judge

Mr. Clarke was first appointed to the Supreme Court in March 2012.

Important Judgments

When he became Chief Justice, people said that George Clarke was known for being fair and for writing clear and insightful judgments. He often wrote the main decisions for the Supreme Court in cases about public law.

He delivered important judgments that helped explain the rules about what can be said in the Irish Parliament (the Dáil Éireann). In 2018, he wrote a decision that helped clarify the meaning of "unborn" in the Irish Constitution. He also changed how the Supreme Court looks at certain rights that are not directly written in the Constitution, calling them "derived rights."

He also made big contributions to how the Supreme Court handles the rights of people accused of crimes. For example, he wrote a decision that said police questioning cannot start until an accused person has received legal advice. He also helped create a new way for judges to decide if evidence obtained by the police can be used in court.

His judgments have also helped develop the law in other areas, such as when courts can order someone to do something (called a mandatory injunction) and how to decide who is responsible for harm caused by carelessness (negligence), especially in medical cases.

Chief Justice of Ireland

On 26 July 2017, George Clarke was chosen to be the next Chief Justice of Ireland. This is the most senior judge in the country. He was appointed in July 2017.

When he became Chief Justice, he said his main goals were to make it easier for people to access justice and the legal profession, to improve support and training for judges, and to use more technology in the courts. Many of these goals were achieved, especially with the increased use of technology during the COVID-19 pandemic. He also oversaw the first time the Supreme Court was broadcast live on television in October 2017. The Supreme Court even held hearings outside of Dublin for the first time in many years, in Limerick and NUI Galway.

As Chief Justice, he played a key role in the second inauguration ceremony of President Michael D. Higgins in 2018 at Dublin Castle. He read out the official Declaration of Office for the President to sign and then gave him his official seal.

Public Scrutiny (Golfgate)

The Supreme Court and Chief Justice Clarke faced a lot of public attention because of an event known as "Golfgate." In August 2021, one of the Supreme Court judges, Séamus Woulfe, attended a dinner that broke some of the COVID-19 rules at the time. Chief Justice Clarke had to deal with this situation. He tried to resolve the issue, and eventually, Judge Woulfe continued to hear cases. This event led to a lot of discussion about how judges are disciplined.

Retirement

George Clarke had to retire by law on 10 October 2021, which was his 70th birthday. Donal O'Donnell was chosen to replace him. On his last day in court, many judges, lawyers, and government workers praised his work. People said that under his leadership, the Supreme Court had become a very cooperative place.

After retiring, he rejoined the Bar of Ireland as a barrister. However, as mentioned before, he cannot appear in any Irish court that is at the same or lower level than the Supreme Court, because he was the most senior judge.

He is also a board member of the Child Law Project, an organization that helps children in legal matters.

Personal Life

George Clarke has been married to Dr. Jacqueline Hayden since 1977. They have two children: a son who is also a barrister, and a daughter who works as a carer. He enjoys rugby and horse racing, and at one point, he owned several racehorses.