Frank Clarke (judge) facts for kids
Quick facts for kids
Frank Clarke
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Chief Justice of Ireland | |
In office 28 July 2017 – 10 October 2021 |
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Nominated by | Government of Ireland |
Appointed by | Michael D. Higgins |
Preceded by | Susan Denham |
Succeeded by | Donal O'Donnell |
President of the Law Reform Commission | |
Assumed office 23 July 2022 |
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Nominated by | Government of Ireland |
Preceded by | Mary Laffoy |
Judge of the Supreme Court | |
In office 15 March 2012 – 10 October 2021 |
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Nominated by | Government of Ireland |
Appointed by | Michael D. Higgins |
Judge of the High Court | |
In office 15 November 2004 – 15 March 2012 |
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Nominated by | Government of Ireland |
Appointed by | Mary McAleese |
Personal details | |
Born | Walkinstown, Dublin, Ireland |
10 October 1951
Spouse |
Jacqueline Hayden
(m. 1977) |
Children | 2 |
Education | Drimnagh Castle |
Alma mater |
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George Bernard Francis Clarke (born 10 October 1951), known as Frank Clarke, is a respected Irish judge and lawyer. He served as the Chief Justice of Ireland, the country's most senior judge, from 2017 to 2021. Since July 2022, he has been the President of the Law Reform Commission, an organisation that reviews and suggests improvements to Ireland's laws.
Before becoming a judge, Clarke was a very successful barrister (a type of lawyer who represents people in court). He was appointed as a judge to the High Court in 2004 and later to the Supreme Court in 2012. Throughout his long career, he has been involved in many of the most important legal cases in Irish history.
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Early Life and Education
Frank Clarke was born in Walkinstown, Dublin, on 10 October 1951. His father was a customs officer and his mother was a secretary. After his father passed away when he was eleven, his mother raised him. He went to Drimnagh Castle Secondary School in Dublin. As a teenager, he was a talented athlete and won a high jump championship in 1969.
Clarke was the first person in his family to go to college. He studied Economics and Maths at University College Dublin while also training to be a lawyer at King's Inns.
In his younger years, he was interested in politics and joined the Fine Gael party. He wrote speeches for the leader of the country, Taoiseach Garret FitzGerald. He was also involved in public debates about changing Ireland's Constitution, such as the referendums on divorce.
Career as a Lawyer
Clarke became a barrister in 1973. He quickly became known for his work in commercial law (the law of business) and constitutional law (the law about how the country is run). In 1985, he was given the title of Senior Counsel, which is an honour for top barristers.
He worked on many landmark cases that had a big impact on Irish law. For example, he was part of a case that established that people accused of a crime have a right to a lawyer, even if they can't afford one.
Some of his other important cases included:
- Representing brothers who challenged the Anglo-Irish Agreement in court.
- Working on a case that established the right to earn a living as a basic right under the Irish Constitution.
- Representing the Irish government in a case brought by tobacco companies that were against a ban on cigarette advertising.
He was also the Chairman of the Bar Council of Ireland, the organisation that represents all barristers in Ireland, from 1993 to 1995.
Career as a Judge
In 2004, Frank Clarke's career took a new direction when he was appointed as a judge of the High Court. This is one of the most important courts in Ireland.
High Court Judge
As a High Court judge, he was in charge of the Referendum Commission for the second Lisbon Treaty referendum in 2009. This group was responsible for giving the public fair information about the vote.
He was known for handling major business cases in the High Court's Commercial Court. One of his famous rulings was in a case about the Leas Cross nursing home. He decided that it was in the public's interest for the TV station RTÉ to broadcast a programme about the home, even though it contained private information.
Supreme Court Judge
In 2012, Clarke was promoted to the Supreme Court, the highest court in the country. The Supreme Court has the final say on all legal matters.
As a Supreme Court judge, he was known for writing clear and fair judgments. He often wrote the main decision for the court in important cases about the government's powers and the rights of citizens. He helped to clarify the law on many topics, including:
- Rights of the Accused: He wrote a key judgment stating that police must wait for a person to speak with their lawyer before they can start questioning them.
- Constitutional Rights: He helped shape the court's understanding of rights that are not specifically written down in the Constitution but are still protected by it.
- Negligence: He co-wrote a major judgment that updated the rules for when someone can be held responsible for causing harm through carelessness (negligence).
Chief Justice of Ireland
In 2017, Frank Clarke was appointed Chief Justice of Ireland. This made him the head of the entire judicial system in Ireland. As Chief Justice, he had three main goals:
- To make it easier for everyone to access the justice system.
- To improve training and support for all judges.
- To bring more technology into the courts to make them more efficient.
During his time as Chief Justice, the Supreme Court held sittings outside of Dublin for the first time in many years, travelling to Limerick and NUI Galway. This was done to bring the court closer to people around the country.
A Difficult Situation
In 2020, a controversy known as "Golfgate" happened when a fellow Supreme Court judge, Séamus Woulfe, attended a golf society dinner during COVID-19 restrictions. This caused a lot of public discussion. As Chief Justice, Clarke had to handle the situation. He believed Judge Woulfe should resign, but he did not have the power to force him to. The situation was eventually resolved, and Judge Woulfe remained on the court.
Retirement and Later Work
By law, judges in Ireland must retire when they turn 70. Frank Clarke retired on his 70th birthday, 10 October 2021. After retiring from the bench, he returned to work as a barrister, focusing on mediation and arbitration (ways of solving legal disputes without going to court).
In 2022, he was appointed President of the Law Reform Commission. He is also a board member of the Child Law Project, an organisation that works to protect children's rights in legal cases.
Personal Life
Frank Clarke married Dr. Jacqueline Hayden in 1977. They have two children, a son who is also a barrister and a daughter. He is a fan of rugby and horse racing.