LONG READ: Judge’s sudden retirement casts doubt over future of Tipperary courts

Judge Brian O’Shea, who has presided over District Courts in south Tipperary for the past four years, has resigned from the bench, the Courts Service has confirmed.

The judge for Clonmel, Cashel, and Carrick-on-Suir District Courts, tendered his resignation last week with the intention of resuming practising as a barrister in the circuit and high courts in the South East region.

Mr O’Shea, who is from Owning near Carrick-on-Suir, practised criminal, family and civil law as a barrister before he was appointed a District Court judge in 2017.

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He was appointed presiding judge for District Court Area 21 that comprises district courts in south Tipperary, Dungarvan in west Waterford and Youghal in east Cork, in July 2021 following the retirement of Judge Terence Finn.

The County Kilkenny man began his career as a garda and worked as a lecturer at Carlow Institute of Technology and St Patrick’s College in Carlow before being called to the Bar in 2005.

According to Irish Legal New, it is Mr OShea’s intention to return to practice in the higher courts from this week. He had originally intended to resign in October, but said “a couple of opportunities” had arisen that he could not pursue while still serving as a judge.

His resignation was formally acknowledged by the President of the District Court, Judge Paul Kelly, who described him as “a great colleague who will be a loss to the District Court and to the judiciary generally”, and extended his best wishes for Mr O’Shea’s future career.

Although not legally barred from appearing in the District Court, Mr O’Shea said he would observe the Bar Council of Ireland’s code of conduct, which prohibits former judges from practising in that jurisdiction. He will instead appear before the Circuit and High Courts in the southeast.

In line with judicial protocol, Mr O’Shea communicated his resignation to Judge Kelly and to President Michael D Higgins.

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Judicial resignations remain uncommon. Prior to Mr O’Shea’s departure, there were 65 serving District Court judges, seven short of the statutory complement of 72. The Government had already signalled its intention to appoint six new judges in the coming weeks, with a seventh appointment due in September to replace a retiring judge.

From a local perspective, Mr O’Shea’s retirement casts further doubt over the future of the courthouses in both Cashel and Carrick-on-Suir. Mr O’Shea wrote to the head of District Court operations in March indicating he was transferring district court sittings from Cashel and Carrick-on-Suir to Clonmel due to the condition of Cashel and Carrick-on-Suir courthouses. The closure of both courthouses is due to happen in November.

There has been strong opposition to the proposed move with the Court Service responding by offering greater consultation before any changes are made.

In light of his retirement, Cashel Fine Gael Cllr Declan Burgess has called on the Courts Service to review or reverse the decision to close Cashel courthouse.

Cllr Declan Burgess said Judge O'Shea’s unexpected departure now raises serious questions about the future of these vital local court services.He reiterated that he is completely opposed to the closure of Cashel Courthouse in his hometown.“It is deeply flawed and short-sighted decision that strips vital services from our town and severely limits access to justice for people across rural Tipperary.

“Rather than closing the courthouse, a modest investment in basic upgrades, such as improving toilet facilities, would be a far more practical and cost-effective solution.

“I have been actively campaigning to keep Cashel Courthouse open and have formally contacted the Courts Service to seek urgent clarity. 

“With Judge O’Shea no longer in position, I’ve asked if the closure decision will now be reviewed or reversed. The people of Cashel deserve transparency and answers.

"Given the change in judicial circumstances, I am requesting that the Courts Service now review this decision in full.Specifically, I am seeking answers to the following: Does the directive to close Cashel Courthouse still stand following Judge O’Shea’s resignation?

“Will the Courts Service pause or re-evaluate the proposed relocation of court sittings?

“I remain fully committed to this campaign and will continue doing everything I can to keep our historic courthouse open and serving the community,” he added.

The Tipperary Star has approached the Courts Service for comment.

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