Frank Clarke (judge)
{{Short description|Chief Justice of Ireland from 2017 to 2021}}
{{Use dmy dates|date=July 2017}}
{{Use Hiberno-English|date=October 2021}}
{{Infobox officeholder
| image =
| office = Chief Justice of Ireland
| term_start = 28 July 2017
| term_end = 10 October 2021
| nominator = Government of Ireland
| appointer = Michael D. Higgins
| predecessor = Susan Denham
| successor = Donal O'Donnell
| office1 = President of the Law Reform Commission
| term_start1 = 23 July 2022
| term_end1 =
| nominator1 = Government of Ireland
| predecessor1 = Mary Laffoy
| office2 = Judge of the Supreme Court
| term_start2 = 15 March 2012
| term_end2 = 10 October 2021
| appointer2 = Michael D. Higgins
| nominator2 = Government of Ireland
| office3 = Judge of the High Court
| term_start3 = 15 November 2004
| term_end3 = 15 March 2012
| nominator3 = Government of Ireland
| appointer3 = Mary McAleese
| birth_date = {{birth date and age|1951|10|10|df=y}}
| birth_place = Walkinstown, Dublin, Ireland
| death_date =
| death_place =
| nationality = Irish
| spouse = {{marriage|Jacqueline Hayden |1977}}
| children = 2
| education = Drimnagh Castle
| alma_mater = {{Ubl|University College Dublin|King's Inns}}
| signature =
|}}
George Bernard Francis Clarke (born 10 October 1951{{Cite news |date=10 October 2017 |title=Birthdays today |work=The Times, Ireland edition |page=25}}{{Cite journal |date=1 December 2013 |title=Clarke, Frank, (born 10 Oct. 1951), a judge of the Supreme Court of Ireland, since 2012 |journal=Who's Who |doi=10.1093/ww/9780199540884.013.U258020}}) is an Irish barrister and judge who has served as President of the Law Reform Commission since July 2022. He previously served as Chief Justice of Ireland from 2017 to 2021. Clarke had a successful career as a barrister for many years, with a broad commercial and public law practice. He was the chair of the Bar Council of Ireland between 1993 and 1995. He was appointed to the High Court in 2004, and he became a judge of the Supreme Court in February 2012. After retiring from the bench, he returned to work as a barrister. He is also currently the President of the Irish Society for European Law.{{Cite web |title=President's Welcome |url=https://isel.ie/presidents-welcome/ |website=Irish Society for European Law}}
Across his career as a barrister and a judge, he has been involved in many seminal cases in Irish legal history.
Early life and education
Clarke was born on 10 October 1951, in Walkinstown, Dublin. He is the son of a customs officer who died when he was aged eleven; his mother was a secretary.{{Cite web |date=30 September 2017 |title=Chief Justice Frank Clarke - Marian Finucane Show |url=https://radio.rte.ie/radio1highlights/chief-justice-clarke-marian-finucane-show/ |url-status=live |archive-url=https://web.archive.org/web/20191209170553/https://radio.rte.ie/radio1highlights/chief-justice-clarke-marian-finucane-show/ |archive-date=9 December 2019 |access-date=9 December 2019 |website=RTÉ Radio}} He was educated at Drimnagh Castle Secondary School, a Christian Brothers secondary school in Dublin. He won the Dublin Junior High Jump Championship in 1969.{{Cite news |date=7 November 1995 |title=Frank Clarke recalls life on the Long Mile Road with the Christian Brothers |work=The Irish Times}} He studied Economics and Maths at undergraduate level in University College Dublin, while he concurrently studied to become a barrister at King's Inns.{{Cite news |date=10 November 2004 |title=Mr Frank Clarke SC |url=https://www.irishtimes.com/news/mr-frank-clarke-sc-1.1165690 |url-status=live |archive-url=https://web.archive.org/web/20160621143734/http://www.irishtimes.com/news/mr-frank-clarke-sc-1.1165690 |archive-date=21 June 2016 |access-date=4 April 2021 |work=The Irish Times |language=en}} He was the first of his family to attend third level education and was able to attend university by receiving grants.{{Cite web |title=STATEMENT BY THE CHAIRMAN OF THE COUNCIL |url=https://www.lawlibrary.ie/News/Press-Releases/Statement-by-the-Chairman-of-the-Council-of-The-Ba.aspx |url-status=live |archive-url=https://web.archive.org/web/20191209171102/https://www.lawlibrary.ie/News/Press-Releases/Statement-by-the-Chairman-of-the-Council-of-The-Ba.aspx |archive-date=9 December 2019 |access-date=9 December 2019 |website=Bar Council}} While attending University College Dublin, he lost an election to Adrian Hardiman to become auditor of the L&H.
He joined Fine Gael after leaving school. He was a speechwriter for Taoiseach Garret FitzGerald and election agent for George Birmingham; he then subsequently himself, ran for election to Seanad Éireann.{{Cite news |last=Minihan |first=Mary |last2=Cormaic |first2=Ruadhán Mac |title=Frank Clarke was only name to go to Cabinet |date=26 July 2017 |url=https://www.irishtimes.com/news/politics/frank-clarke-was-only-name-to-go-to-cabinet-1.3167451 |url-status=live |archive-url=https://web.archive.org/web/20191210034927/https://www.irishtimes.com/news/politics/supreme-court-judge-frank-clarke-chosen-as-new-chief-justice-1.3167451 |archive-date=10 December 2019 |access-date=9 December 2019 |work=The Irish Times |language=en}} He campaigned against the Eighth Amendment of the Constitution of Ireland in 1983 and favour of the unsuccessful Tenth Amendment of the Constitution in 1986.{{Cite news |date=21 June 1986 |title=250 barristers back divorce amendment proposal |work=The Irish Times |page=8}} He chaired a meeting of family lawyers in 1995 supporting the successful second referendum on divorce.{{Cite news |last=Coulter |first=Carol |date=21 November 1995 |title=Most practising lawyers back divorce, says SC |work=The Irish Times |page=6}}
Legal career
He was called to the Bar in 1973 and the Inner Bar in 1985. He practised commercial, constitutional and family law. Two years after commencing practice he appeared as junior counsel for the applicant in State (Healy) v Donoghue{{cite court|litigants= State (Healy) v Donoghue|reporter=1 I.R.|opinion=325|court=Supreme Court of Ireland|date=1976}} before the Supreme Court, which established a constitutional right to legal aid in criminal cases.
Clarke represented Michael McGimpsey and his brother Christopher in a challenge against the constitutionality of the Anglo-Irish Agreement, which was ultimately unsuccessful in the Supreme Court in 1988.{{Cite news |date=30 July 1988 |title=Constitutional challenge to Anglo-Irish pact rejected |work=The Irish Times |page=5}}
He appeared for the plaintiff with Michael McDowell and Gerard Hogan in Cox v Ireland in 1990, where the Supreme Court first introduced proportionality into Irish constitutional law and discovered the right to earn a livelihood.{{cite court |litigants=Cox v Ireland |reporter=2 I.R. |opinion=503 |court=Supreme Court of Ireland |date=1992 }} He represented Seán Ardagh and the Oireachtas Subcommittee formed after the death of John Carthy in a constitutional case which limited the powers of investigation of the Oireachtas,{{cite court |litigants= Maguire v Ardagh|reporter=1 I.R. |opinion=385 |court=Supreme Court of Ireland |date=2002 }} which led to the unsuccessful Thirtieth Amendment of the Constitution.{{Cite news |date=12 September 2011 |title=Government publishes inquiries Bill |url=https://www.irishtimes.com/news/government-publishes-inquiries-bill-1.883383 |url-status=live |archive-url=https://web.archive.org/web/20180612113005/https://www.irishtimes.com/news/government-publishes-inquiries-bill-1.883383 |archive-date=12 June 2018 |access-date=9 December 2019 |work=The Irish Times |language=en}} In an action taken by tobacco companies to challenge the legality of bans on tobacco advertising, he appeared for the State.{{Cite news |last=Carolan |first=Mary |title=Taxpayers face €1m costs for tobacco firms |url=https://www.irishtimes.com/news/taxpayers-face-1m-costs-for-tobacco-firms-1.347894 |access-date=4 April 2021 |work=The Irish Times |language=en}}
Clarke was twice appointed by the Supreme Court for Article 26 references. He argued on behalf of the Law Society of Ireland in a referral regarding the Adoption (No. 2) Bill 1987.{{Cite news |date=1 July 1988 |title=Adoption Bill hearing date fixed |work=The Irish Times |page=10}} He was appointed by the Supreme Court to appear to argue on behalf of the rights of the mother in In re Article 26 and the Regulation of Information (Services outside the State for Termination of Pregnancies) Bill 1995.{{cite court |litigants=Information (Termination of Pregnancies) Bill, 1995 |reporter=IESC |opinion=9 |court=Supreme Court of Ireland |date=1995 }} In 1994, President Mary Robinson requested him to provide her with legal advice on the presidential prerogative to refuse to dissolve Dáil Éireann.{{Cite journal |last=Gwynn Morgan |first=David |date=1999 |title=Mary Robinson's Presidency: Relations with the Government |url=https://www.jstor.org/stable/44026473 |journal=Irish Jurist |volume=34 |pages=256–275 |jstor=44026473 |access-date=4 April 2021}}
He was external counsel to the Commission to Inquire into Child Abuse and represented the Flood Tribunal in its case against Liam Lawlor and the State in Charles Haughey's challenge to the legality of the Moriarty Tribunal.{{Cite news |date=29 February 2012 |title=Two new Supreme Court judges chosen |url=http://www.irishtimes.com/newspaper/ireland/2012/0229/1224312522981.html |url-status=live |archive-url=https://web.archive.org/web/20120229114320/http://www.irishtimes.com/newspaper/ireland/2012/0229/1224312522981.html |archive-date=29 February 2012 |access-date=7 March 2012 |work=The Irish Times}}{{Cite news |last=McNally |first=Frank |date=31 March 1998 |title=SC stresses Haughey's lavish lifestyle Mr Charles Haughey has only himself to blame for the Moriarty Tribunal, the High Court was told yesterday |work=The Irish Times |page=5}} He and George Birmingham also appeared for Fine Gael at the Flood Tribunal, and he represented the public interest at the Moriarty Tribunal.{{Cite news |title=Planning tribunal representation |url=https://www.irishtimes.com/news/planning-tribunal-representation-1.131290 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |last=Coulter |first=Carol |title=Public interest counsel named |url=https://www.irishtimes.com/news/public-interest-counsel-named-1.211494 |access-date=4 April 2021 |work=The Irish Times |language=en}} He was a legal advisor to an inquiry into Deposit interest retention tax conducted by the Public Accounts Committee, along with future judicial colleagues Paul Gilligan and Mary Irvine.{{Cite news |last=O'Halloran |first=Marie |date=12 October 1999 |title=Mitchell winds up inquiry |url=https://www.irishtimes.com/news/mitchell-winds-up-inquiry-1.237985 |access-date=23 June 2019}}
He was Chairman of the Bar Council of Ireland from 1993 to 1995.{{Cite news |last=Cormaic |first=Ruadhán Mac |date=26 July 2017 |title=Judge with a radical edge may take Supreme Court in new direction |url=https://www.irishtimes.com/news/crime-and-law/judge-with-radical-edge-may-take-supreme-court-in-new-direction-1.3167916 |url-status=live |archive-url=https://web.archive.org/web/20190905005601/https://www.irishtimes.com/news/crime-and-law/judge-with-radical-edge-may-take-supreme-court-in-new-direction-1.3167916 |archive-date=5 September 2019 |access-date=9 December 2019 |work=The Irish Times |language=en}} Between 1999 and 2004, he acted as chair of Council of King's Inns. He was a professor at the Kings' Inns between 1978 and 1985. He was appointed an adjunct professor at University College Cork in 2014.{{Cite web |title=The Honorable Mr Justice Frank Clarke |url=https://www.ucc.ie/en/buslaw/staffinformation/adjunctappointments/thehonorablemrjusticefrankclarke/ |url-status=live |archive-url=https://web.archive.org/web/20191209201910/https://www.ucc.ie/en/buslaw/staffinformation/adjunctappointments/thehonorablemrjusticefrankclarke/ |archive-date=9 December 2019 |access-date=9 December 2019 |website=University College Cork |language=en}} He has also been an adjunct professor at Trinity College Dublin.
Clarke acted as a chair of the Employment Appeals Tribunal while still in practice.{{Cite news |date=12 January 1985 |title=Sacking of woman found to be unfair |work=The Irish Times |page=5}} He was also a steward of the Turf Club and was the chairman of Leopardstown Racecourse.{{Cite news |last=Phelan |first=Shane |date=11 November 2020 |title=Proof of how much the Chief Justice cares about public standing of court |url=https://www.independent.ie/irish-news/politics/proof-of-how-much-the-chief-justice-cares-about-public-standing-of-court-39732355.html |work=Irish Independent |language=en}} He was due to take over as senior steward of the Turf Club but did not do so due to his appointment to the High Court.{{Cite news |title=Second term for Molony |url=https://www.irishtimes.com/sport/second-term-for-molony-1.465813 |access-date=4 April 2021 |work=The Irish Times |language=en}}
Clarke was appointed as a High Court judge in 2004. He was appointed to the Supreme Court on 9 February 2012 and served as Chief Justice from October 2017 until his retirement on 10 October 2021.
Following his retirement from the judiciary, Clarke resumed his practice as a barrister and is currently a member of the Bar of Ireland. Under the rules of the Bar of Ireland, he cannot appear before a court of equal or lesser jurisdiction to that on which he sat as a judge. Since he was the most senior judge in Ireland, he could not appear in any court there. He can appear in the EU courts. However, he has indicated that he intends to focus on mediation and arbitration work.{{Cite news |last=Gallagher |first=Conor |title=Retired chief justice Frank Clarke to resume work as a barrister |url=https://www.irishtimes.com/news/crime-and-law/retired-chief-justice-frank-clarke-to-resume-work-as-a-barrister-1.4746297 |access-date=2021-12-04 |work=The Irish Times |language=en}}
Judicial Career
=High Court=
He was appointed a Judge of the High Court in 2004.{{Cite web |title=Iris Oifigiúil - 19 November 2004, No. 93, 1234 |url=https://www.irisoifigiuil.ie/archive/2004/november/2004%2011%2019%20IO%20Issue.pdf |access-date=17 July 2023}} He was chairman of the Referendum Commission for the second Lisbon Treaty referendum in 2009.{{Cite web |date=16 October 2009 |title=Referendum Commission |url=http://www.citizensinformation.ie/categories/government-in-ireland/elections-and-referenda/referenda/referendum_commission |url-status=dead |archive-url=https://web.archive.org/web/20081017070845/http://www.citizensinformation.ie/categories/government-in-ireland/elections-and-referenda/referenda/referendum_commission |archive-date=17 October 2008 |access-date=29 July 2010 |publisher=Citizens Information}} As a High Court judge he gave a ruling, on the Leas Cross nursing home case against RTÉ, that the public interest justified the broadcasting of material that otherwise would have been protected by the right to privacy. He frequently presided over the Commercial Court during his time at the High Court. He was involved in the establishment of two High Court lists in Cork, Chancery and a Non-Jury List.{{Cite web |title=2018 Supreme Court Annual Report |url=http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/721D16DCC8DE6F45802583B00037C20A/$FILE/2018%20Supreme%20Court%20Annual%20Report.pdf |url-status=live |archive-url=https://web.archive.org/web/20191221193853/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/(WebFiles)/721D16DCC8DE6F45802583B00037C20A/$FILE/2018%20Supreme%20Court%20Annual%20Report.pdf |archive-date=21 December 2019 |access-date=9 December 2019 |website=Courts Service}}
During his eight years there, he heard a broad range of civil cases in the High Court. He was the judge in cases involving injunctions, personal injuries, judicial review, immigration law, constitutional law, intellectual property law, land law, insolvency law and tax law.{{Cite news |title=Turkish firm wins right to challenge inquiry decision |url=https://www.irishtimes.com/news/turkish-firm-wins-right-to-challenge-inquiry-decision-1.1175528 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Dublin Bus not to seek costs from couple |url=https://www.irishtimes.com/news/dublin-bus-not-to-seek-costs-from-couple-1.429507 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Bupa in court challenge to risk equalisation plans |url=https://www.irishtimes.com/business/bupa-in-court-challenge-to-risk-equalisation-plans-1.446675 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Bulgarian couple allowed to appeal deportation |url=https://www.irishtimes.com/news/bulgarian-couple-allowed-to-appeal-deportation-1.1297410 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Rapist loses High Court challenge to Sex Offenders Act |url=https://www.irishtimes.com/news/rapist-loses-high-court-challenge-to-sex-offenders-act-1.1017209 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Jaguar loses its High Court challenge to patent decision |url=https://www.irishtimes.com/business/jaguar-loses-its-high-court-challenge-to-patent-decision-1.1289202 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Kenny claiming squatter's rights in land row |url=https://www.irishtimes.com/news/kenny-claiming-squatter-s-rights-in-land-row-1.952048 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Examiner appointed to mobile phone data firm |url=https://www.irishtimes.com/business/examiner-appointed-to-mobile-phone-data-firm-1.929403 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=Judge reveals why he refused to allow tax case anonymity |url=https://www.irishtimes.com/business/judge-reveals-why-he-refused-to-allow-tax-case-anonymity-1.930106 |access-date=4 April 2021 |work=The Irish Times |language=en}}
In 2007, he presided over a dispute involving the lease of Bewley's of Grafton Street and unsuccessful claims by Catherine Murphy and Finian McGrath over the composition of electoral constituency boundaries.{{Cite news |title=Legal battle over lease of Bewley's cafe in Dublin |url=https://www.irishtimes.com/news/legal-battle-over-lease-of-bewley-s-cafe-in-dublin-1.1290511 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=High Court dismisses constituency claim |url=https://www.irishtimes.com/news/high-court-dismisses-constituency-claim-1.807916 |access-date=4 April 2021 |work=The Irish Times |language=en}} Beginning in 2009 he oversaw the examinership process of Liam Carroll's Zoe Developments Group and separately an action involving the Irish branch of HSBC related to Bernie Madoff.{{Cite news |last=Carswell |first=Simon |title=Developer seeks court protection over group's €1.2bn debt |url=https://www.irishtimes.com/news/developer-seeks-court-protection-over-group-s-1-2bn-debt-1.701918 |access-date=4 April 2021 |work=The Irish Times |language=en}}{{Cite news |title=HSBC must detail monies paid to Madoff, says judge |url=https://www.independent.ie/business/irish/hsbc-must-detail-monies-paid-to-madoff-says-judge-26626788.html |access-date=4 April 2021 |work=Irish Independent |language=en}} He sat in a three-judge division of the High Court with Nicholas Kearns and Peter Kelly in 2010 in challenge by Paddy McKillen over the transfer of loans to the National Asset Management Agency.{{Cite news |last=Carolan |first=Mary |title=McKillen 'has no entitlement to any special treatment' |url=https://www.irishtimes.com/news/mckillen-has-no-entitlement-to-any-special-treatment-1.660775 |access-date=4 April 2021 |work=The Irish Times |language=en}} Their decision was overturned in part on appeal to the Supreme Court in Dellway Investment Limited v. NAMA.{{Cite news |date=3 February 2011 |title=Developer McKillen wins appeal against NAMA |url=https://www.rte.ie/news/2011/0203/297287-nama/ |url-status=live |archive-url=https://web.archive.org/web/20210117153703/https://www.rte.ie/news/2011/0203/297287-nama/ |archive-date=17 January 2021 |access-date=4 April 2021 |work=RTÉ News |language=en}}{{Cite web |last=O'Donnell |first=John |title=NAMA AND THE RIGHT TO BE HEARD - MCKILLEN AND BEYOND |url=https://www.lawlibrary.ie/media/lawlibrary/media/Secure/20120509NAMAODonnell.pdf |access-date=4 April 2021 |website=Law Library}} He presided over hearings arising from an action taken by the Irish Bank Resolution Corporation against Seán Quinn in 2011.{{Cite news |date=17 February 2012 |title=Contempt of court action against Sean Quinn adjourned |url=https://www.bbc.com/news/world-europe-17072947 |access-date=4 April 2021 |work=BBC News}}
=Supreme Court=
Clarke was first appointed to the Supreme Court in March 2012.{{Cite web |title=Diary President Appoints The Hon. Mr. Justice Frank Clarke |url=https://president.ie/en/diary/details/president-appoints-the-hon.-mr.-justice-frank-clarke |url-status=live |archive-url=https://web.archive.org/web/20201222032903/https://president.ie/en/diary/details/president-appoints-the-hon.-mr.-justice-frank-clarke |archive-date=22 December 2020 |access-date=27 April 2020 |website=president.ie |language=en}}{{Cite web |date=29 February 2012 |title=Appointments to the Supreme Court |url=http://www.merrionstreet.ie/index.php/2012/02/appointments-to-the-supreme-court/ |url-status=live |archive-url=https://web.archive.org/web/20121112203530/http://www.merrionstreet.ie/index.php/2012/02/appointments-to-the-supreme-court/ |archive-date=12 November 2012 |access-date=7 March 2012 |website=MerrionStreet.ie}}
=Judgments=
Ruadhán Mac Cormaic of The Irish Times said on his appointment as Chief Justice that Clarke has a "reputation for fair-mindedness and authority, and for judgments that were incisive and clear". He also noted that he tended not to share an "absolute pro-defendant" attitude to criminal law matters with some Supreme Court colleagues, while also having the perception of more liberal positions than other judges on surrogacy and social issues.
The judges of the Supreme Court have frequently relied on Clarke to write judgments for the court in cases involving public law. He delivered the judgments of the court in Kerins v. McGuinness{{Cite web |title=Kerins v McGuinness & Ors |url=https://www.bailii.org/ie/cases/IESC/2019/S11.html |url-status=live |archive-url=https://web.archive.org/web/20210606095623/https://www.bailii.org/ie/cases/IESC/2019/S11.html |archive-date=6 June 2021 |access-date=4 April 2021 |website=bailii.org}} and O'Brien v Clerk of Dáil Éireann{{Cite web |title=O'Brien v Clerk of Dáil Éireann & ors |url=https://www.bailii.org/ie/cases/IESC/2019/S12.html |url-status=live |archive-url=https://web.archive.org/web/20210606102741/https://www.bailii.org/ie/cases/IESC/2019/S12.html |archive-date=6 June 2021 |access-date=4 April 2021 |website=bailii.org}} which clarified the law of parliamentary privilege in Ireland.{{Cite web |last=Kenny |first=David |title=Does the House always win? Kerins, O'Brien and judicial challenges to Oireachtas proceedings |url=https://www.bloomsburyprofessionalonline.com/applib/newsitem/2244/does-the-house-always-win-kerins-obrien-and-judicial-challenges-to-oireachtas-proceedings |access-date=4 April 2021 |website=bloomsburyprofessionalonline.com}} In 2018 he wrote an opinion on behalf of a seven-judge panel which held that references of "unborn" under the Eighth Amendment of the Constitution of Ireland referred to an unborn child and the rights conferred upon an unborn child were confined to that section.{{Cite news |last=Ní Aodha |first=Gráinne |title=Supreme Court rejects definition of 'unborn' as an unborn child in Constitution |url=https://www.thejournal.ie/supreme-court-unborn-the-eighth-3888618-Mar2018/ |url-status=live |archive-url=https://web.archive.org/web/20210315064359/https://www.thejournal.ie/supreme-court-unborn-the-eighth-3888618-Mar2018/ |archive-date=15 March 2021 |access-date=4 April 2021 |work=TheJournal.ie |language=en}} His judgment in Friends of the Irish Environment v Government of Ireland "recharacterized" the approach of the Supreme Court to unenumerated rights, instead considering them "derived rights" under the Constitution of Ireland.{{Cite news |last=Gallagher |first=Hugh |date=15 March 2021 |title=Environmental Constitutional Rights After Friends of the Irish Environment |url=https://trinitycollegelawreview.org/environmental-constitutional-rights-after-friends-of-the-irish-environment/ |access-date=4 April 2021 |work=Trinity College Law Review (TCLR) {{!}} Trinity College Dublin}}
He has contributed significantly to the Supreme Court's 2010s jurisprudence on the rights of persons accused of crimes. Clarke wrote the opinion of a unanimous court in a combined judgment of DPP v Gormley and DPP v White, holding that police questioning cannot begin until an accused person has received legal advice.{{Cite news |last=Carolan |first=Mary |title=Supreme Court ruling on right to lawyer will impact Garda inquiries |url=https://www.irishtimes.com/news/crime-and-law/courts/supreme-court-ruling-on-right-to-lawyer-will-impact-garda-inquiries-1.1714976 |url-status=live |archive-url=https://web.archive.org/web/20201111203343/https://www.irishtimes.com/news/crime-and-law/courts/supreme-court-ruling-on-right-to-lawyer-will-impact-garda-inquiries-1.1714976 |archive-date=11 November 2020 |access-date=4 April 2021 |work=The Irish Times |language=en}} He was part of the majority in DPP v. JC in 2015 where the court departed from its precedent regarding the exclusionary rule in Ireland, with Clarke devising a new test to assess the constitutionality of evidence obtained by Gardaí.{{Cite journal |last=O'Connell |first=Aisling |date=2017 |title=Case Comment D.P.P. v. J.C. |url=https://www.ijsj.ie/assets/uploads/documents/pdfs/2017-Edition-01/DPP%20v%20JC%20O'Connell.pdf |url-status=live |journal=Irish Judicial Studies Journal |archive-url=https://web.archive.org/web/20210227060826/https://www.ijsj.ie/assets/uploads/documents/pdfs/2017-Edition-01/DPP%20v%20JC%20O'Connell.pdf |archive-date=27 February 2021 |access-date=4 April 2021}}{{Cite web |title=DPP v J.C. 2015 IESC 31 |url=https://www.fieldfisher.com/en-ie/locations/ireland/ireland-blog/dpp-v-j-c-2015-iesc-31 |access-date=4 April 2021 |website=Fieldfisher |language=en-ie}}
His judgment in Okunade v. Minister for Justice & Others laid down the test for the courts to grant a mandatory injunction.{{Cite news |title=Navigating the injunction junction |url=https://www.lawsociety.ie/gazette/in-depth/navigating-the-injunction-junction/ |access-date=4 April 2021 |work=www.lawsociety.ie}} In 2020, John MacMenamin. Clarke co-authored a judgment in University College Cork v. ESB which presented a new authoritative statement regarding liability in negligence in Ireland.{{Cite news |date=December 2020 |title=The Bar Review |url=https://www.lawlibrary.ie/media/lawlibrary/media/Secure/The-Bar-Review-December2020.pdf |url-status=live |archive-url=https://web.archive.org/web/20210118052055/https://www.lawlibrary.ie/media/lawlibrary/media/Secure/The-Bar-Review-December2020.pdf |archive-date=18 January 2021 |access-date=4 April 2021 |volume=25 |issue=6}} His judgment in Morrissey v. HSE developed the law on the standard of care in clinical negligence cases.{{Cite news |last=McKeown |first=Andrew |date=20 March 2020 |title=Supreme Court: HSE and labs' appeal dismissed in Ruth Morrissey cervical smear case |url=https://www.irishlegal.com/article/supreme-court-hse-and-labs-appeal-dismissed-in-ruth-morrissey-cervical-smear-case |url-status=live |archive-url=https://web.archive.org/web/20210120222350/https://irishlegal.com/article/supreme-court-hse-and-labs-appeal-dismissed-in-ruth-morrissey-cervical-smear-case |archive-date=20 January 2021 |access-date=4 April 2021 |work=Irish Legal News |language=en}}
=Chief Justice of Ireland=
On 26 July 2017, it was announced that the Government of Ireland had agreed to nominate Judge Clarke for appointment by the President of Ireland as the next Chief Justice of Ireland to succeed Susan Denham on the expiry of her term of office.{{Cite news |title=Supreme Court judge Frank Clarke chosen as new chief justice |url=https://www.irishtimes.com/news/politics/supreme-court-judge-frank-clarke-chosen-as-new-chief-justice-1.3167451 |url-status=live |archive-url=https://web.archive.org/web/20191210034927/https://www.irishtimes.com/news/politics/supreme-court-judge-frank-clarke-chosen-as-new-chief-justice-1.3167451 |archive-date=10 December 2019 |access-date=26 July 2017 |work=The Irish Times}}{{Cite web |date=26 July 2017 |title=Appointment of Chief Justice |url=http://www.merrionstreet.ie/en/News-Room/News/Appointment_of_Chief_Justice1.html |url-status=live |archive-url=https://web.archive.org/web/20170804013300/http://www.merrionstreet.ie/en/News-Room/News/Appointment_of_Chief_Justice1.html |archive-date=4 August 2017 |access-date=27 July 2017 |website=MerrionStreet.i.e.}} He was the sole name put forward to the cabinet for consideration. He applied for the position which included a 500-word application. Upon his appointment, he said it was not "unreasonable" to suggest that he was "socially progressive" while acknowledging his oath of judicial independence. He was appointed in July 2017.{{Cite web |date=28 July 2017 |title=President Higgins appoints Chief Justice |url=http://www.president.ie/en/media-library/news-releases/president-higgins-appoints-chief-justice |url-status=live |archive-url=https://web.archive.org/web/20171119051327/http://www.president.ie/en/media-library/news-releases/president-higgins-appoints-chief-justice |archive-date=19 November 2017 |access-date=3 August 2017 |website=President.ie}}
Clarke identified his priorities upon appointment to be to increase access to justice and the legal profession, to improve support and training for judges, and to expand the use of technology in the courts.{{Cite news |date=December 2017 |title=The Bar Review |url=https://www.lawlibrary.ie/media/lawlibrary/media/TheBarReview_Dec2017_web.pdf |url-status=live |archive-url=https://web.archive.org/web/20210301101307/https://www.lawlibrary.ie/media/lawlibrary/media/TheBarReview_Dec2017_web.pdf |archive-date=1 March 2021 |access-date=9 December 2019 |volume=22 |issue=6}} Some of these priorities were realised with the creation of a Judicial Studies Committee with a High Court judge serving as Director of Judicial Studies and the COVID-19 pandemic causing a substantial increase in the use of technology.{{Cite news |last=Baker |first=Noel |date=22 July 2020 |title=Chief Justice: Courts have developed 'five years in five months' |url=https://www.irishexaminer.com/news/courtandcrime/arid-40020104.html |url-status=live |archive-url=https://web.archive.org/web/20200804030613/https://www.irishexaminer.com/news/courtandcrime/arid-40020104.html |archive-date=4 August 2020 |access-date=4 April 2021 |work=Irish Examiner |language=en}} He oversaw the first live broadcast of the Supreme Court on television in October 2017.{{Cite news |last=Carolan |first=Mary |date=24 October 2017 |title=Supreme Court gets first-ever live TV broadcast |url=https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/supreme-court-gets-first-ever-live-tv-broadcast-1.3267017 |url-status=live |archive-url=https://web.archive.org/web/20201112015402/https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/supreme-court-gets-first-ever-live-tv-broadcast-1.3267017 |archive-date=12 November 2020 |access-date=9 December 2019 |work=The Irish Times |language=en}} The Supreme Court held sittings in Limerick and NUI Galway in 2018 and 2019, the second and third times hearings took place outside of Dublin.{{Cite news |title=University of Limerick welcomes the Supreme Court |url=https://www.irishlegal.com/article/university-limerick-welcomes-supreme-court |access-date=11 December 2019 |work=Irish Legal News |language=en}}{{Cite news |title=Landmark day as Supreme Court sits in NUI Galway |url=https://www.lawsociety.ie/gazette/Top-Stories/landmark-day-as-supreme-court-sits-in-nui-galway/ |url-status=live |archive-url=https://web.archive.org/web/20191209201919/https://www.lawsociety.ie/gazette/Top-Stories/landmark-day-as-supreme-court-sits-in-nui-galway/ |archive-date=9 December 2019 |access-date=9 December 2019 |work=www.lawsociety.ie}}
Clarke serves on a judicial advisory committee for appointments of judges and advocates general to the Court of Justice of the European Union.{{Cite web |title=Appointments to the EU Court of Justice: sixth activity report of the Article 255 panel published |url=https://www.consilium.europa.eu/en/press/press-releases/2020/01/17/appointments-to-the-eu-court-of-justice-sixth-activity-report-of-the-article-255-panel-published/ |url-status=live |archive-url=https://web.archive.org/web/20200229165555/https://www.consilium.europa.eu/en/press/press-releases/2020/01/17/appointments-to-the-eu-court-of-justice-sixth-activity-report-of-the-article-255-panel-published/ |archive-date=29 February 2020 |access-date=29 February 2020 |website=www.consilium.europa.eu |language=en}}
In his role as Chief Justice, he was involved in the second inauguration ceremony of President Michael D. Higgins on 11 November 2018 at Dublin Castle. He read out the Declaration of Office for Higgins to sign and then presented the president with his seal of office.{{Cite news |last=Brophy |first=Daragh |title=Michael D Higgins has been sworn in for a second term as President of Ireland |url=https://www.thejournal.ie/michael-d-higgins-inauguration-4333972-Nov2018/ |url-status=live |archive-url=https://web.archive.org/web/20200816214106/https://www.thejournal.ie/michael-d-higgins-inauguration-4333972-Nov2018/ |archive-date=16 August 2020 |access-date=14 June 2020 |work=TheJournal.ie |language=en}}{{Cite news |title=Pomp, ceremony and laughter as Michael D takes office for second stint in the Áras |url=https://www.independent.ie/irish-news/pomp-ceremony-and-laughter-as-michael-d-takes-office-for-second-stint-in-the-aras-37517371.html |url-status=live |archive-url=https://web.archive.org/web/20200614210955/https://www.independent.ie/irish-news/pomp-ceremony-and-laughter-as-michael-d-takes-office-for-second-stint-in-the-aras-37517371.html |archive-date=14 June 2020 |access-date=14 June 2020 |website=Independent.ie |language=en}}
==Golfgate==
The Supreme Court and Clarke, in particular, came under significant public scrutiny as a result of the Oireachtas Golf Society scandal ("Golfgate"). In August 2021, Séamus Woulfe attended a dinner organised by the Oireachtas Golf Society amid the COVID-19 pandemic, one month after being appointed to the Supreme Court. The Supreme Court asked formed Chief Justice Denham to investigate Woulfe's attendance. After the publication of her report, Clarke sought on several occasions to meet with Woulfe.{{Cite news |last=O'Keeffe |first=Cormac |date=6 October 2020 |title=Chief Justice's 'golfgate' meeting with Seamus Woulfe postponed |url=https://www.irishexaminer.com/news/arid-40060577.html |url-status=live |archive-url=https://web.archive.org/web/20201107055133/https://www.irishexaminer.com/news/arid-40060577.html |archive-date=7 November 2020 |access-date=4 April 2021 |work=Irish Examiner |language=en}}{{Cite news |last=O'Donnell |first=Orla |date=15 October 2020 |title=Meeting between Chief Justice and Woulfe cancelled |url=https://www.rte.ie/news/ireland/2020/1015/1171642-woulfe-chief-justice-meeting/ |url-status=live |archive-url=https://web.archive.org/web/20210323085336/https://www.rte.ie/news/ireland/2020/1015/1171642-woulfe-chief-justice-meeting/ |archive-date=23 March 2021 |access-date=4 April 2021 |work=RTÉ News |language=en}} Eventually Clarke published correspondence between himself and Woulfe where he said in his opinion Woulfe should resign.{{Cite news |last=Carolan |first=Mary |last2=Leahy |first2=Pat |title=Government seeks legal advice over stand-off between judges |url=https://www.irishtimes.com/news/crime-and-law/government-seeks-legal-advice-over-stand-off-between-judges-1.4404872 |url-status=live |archive-url=https://web.archive.org/web/20201204111400/https://www.irishtimes.com/news/crime-and-law/government-seeks-legal-advice-over-stand-off-between-judges-1.4404872 |archive-date=4 December 2020 |access-date=4 April 2021 |work=The Irish Times |language=en}} Woulfe did not resign and began hearing cases in February 2021, following Clarke's suggestion to resolve the dispute informally.{{Cite news |title=Justice Seamus Woulfe sits with a judge who subjected him to 'traumatic' ordeal |url=https://www.breakingnews.ie/ireland/justice-seamus-woulfe-sits-with-judge-who-subjected-him-to-traumatic-ordeal-1081506.html |url-status=live |archive-url=https://web.archive.org/web/20210216015124/https://www.breakingnews.ie/ireland/justice-seamus-woulfe-sits-with-judge-who-subjected-him-to-traumatic-ordeal-1081506.html |archive-date=16 February 2021 |access-date=4 April 2021 |work=BreakingNews.ie |language=en}}
Clarke's handling of Golfgate received widespread commentary and mixed reactions. His options to discipline Woulfe were limited as the judicial council legislation was not fully commenced. The Director General of the Law Society of Ireland said Clarke's actions were a "misstep" and that "irreparable damage" had occurred.{{Cite news |last=Keena |first=Colm |title='We really need to be able to deliver the entire legal system online' |url=https://www.irishtimes.com/business/retail-and-services/we-really-need-to-be-able-to-deliver-the-entire-legal-system-online-1.4512981 |access-date=4 April 2021 |work=The Irish Times |language=en}}
=Retirement=
Clarke was required by law to retire on 10 October 2021, his 70th birthday,{{Cite web |title=Appointment to the Office of the Chief Justice |url=https://merrionstreet.ie/en/news-room/releases/appointment_to_the_office_of_the_chief_justice.html |archive-url=https://web.archive.org/web/20211010155521/https://merrionstreet.ie/en/news-room/releases/appointment_to_the_office_of_the_chief_justice.html |archive-date=10 October 2021 |access-date=10 October 2021 |website=merrionstreet.ie |language=en}}{{Cite news |last=Leahy |first=Pat |title=Supreme Court judge Donal O'Donnell to become next Chief Justice |url=https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/supreme-court-judge-donal-o-donnell-to-become-next-chief-justice-1.4686079 |access-date=9 October 2021 |work=The Irish Times |language=en}}Section 47, Courts and Court Officers Act 1995 and in March 2021 the Cabinet began the process of identifying his successor.{{Cite news |last=McConnell |first=Daniel |date=22 March 2021 |title=Government to start process to replace outgoing Chief Justice |url=https://www.irishexaminer.com/news/politics/arid-40249010.html |url-status=live |archive-url=https://web.archive.org/web/20210322225054/https://www.irishexaminer.com/news/politics/arid-40249010.html |archive-date=22 March 2021 |access-date=1 June 2021 |work=Irish Examiner |language=en}} Donal O'Donnell was selected to replace him. His final day in court was on 8 October 2021, where judges, lawyers and civil servants made a large number of tributes to him.{{Cite news |title=Chief justice steps down after four years in office |url=https://www.lawsociety.ie/gazette/top-stories/2021/10-october/chief-justice-steps-down-after-four-years--in-office |url-status=dead |archive-url=https://web.archive.org/web/20211009104722/https://www.lawsociety.ie/gazette/top-stories/2021/10-october/chief-justice-steps-down-after-four-years--in-office |archive-date=9 October 2021 |access-date=9 October 2021 |work=www.lawsociety.ie}} Mary Carolan of The Irish Times said that under his leadership the Supreme Court is "perhaps the most collegial it had been in some time".{{Cite news |last=Carolan |first=Mary |date=7 January 2021 |title=Successor to Chief Justice must be chosen as Supreme Court reels from Golfgate |url=https://www.irishtimes.com/news/crime-and-law/successor-to-chief-justice-must-be-chosen-as-supreme-court-reels-from-golfgate-1.4451851 |url-status=live |archive-url=https://web.archive.org/web/20210224185218/https://www.irishtimes.com/news/crime-and-law/successor-to-chief-justice-must-be-chosen-as-supreme-court-reels-from-golfgate-1.4451851 |archive-date=24 February 2021 |access-date=4 April 2021 |work=The Irish Times |language=en}} Following his retirement, he returned to work as a barrister and rejoined the Bar of Ireland, although in line with Bar Council rules, he cannot appear before any court of equal or lesser jurisdiction to the court he sat on, meaning he cannot appear before any Irish court.
In June 2022 he was sworn in as judge of the court of appeal of the Dubai International Financial Centre (DIFC) courts but resigned a few days later following criticism from barrister and Labour Party leader, Ivana Bacik.{{Cite news |title=Former chief justice and ex-High Court president sworn in as judges of Dubai international financial court |url=https://www.irishtimes.com/crime-law/2022/07/27/former-chief-justice-and-former-high-court-president-sworn-in-as-judges-of-dubai-financial-court/ |work=The Irish Times}}{{Cite news |title=Frank Clarke's resignation as judge of Dubai financial courts 'sensible and appropriate' - Labour Party leader |url=https://www.irishtimes.com/crime-law/2022/07/31/frank-clarke-resigns-as-a-judge-of-dubai-international-financial-courts/ |work=The Irish Times}}
Clarke is a board member of the Child Law Project.{{Cite web |date=20 June 2023 |title=Child Law Project celebrates 10th anniversary |url=https://www.irishlegal.com/articles/child-law-project-celebrates-10th-anniversary |website=IrishLegal.com}}
Personal life
He has been married to Dr. Jacqueline Hayden since 1977. They sold their house on Sorrento Terrace, facing Dalkey Island, in 2004.{{Cite news |title=Birth of an urban village and a new attitude to landlords |url=https://www.independent.ie/business/birth-of-an-urban-village-and-a-new-attitude-to-landlords-26225118.html |access-date=4 April 2021 |work=Irish Independent |language=en}} They have a son who is a barrister and a daughter who is a carer. He is interested in rugby and horse racing, at one point owning several horses.
References
{{Reflist}}
{{s-start}}
{{s-legal}}
{{s-bef|before = Susan Denham}}
{{s-ttl|title = {{nowrap|Chief Justice of Ireland}}
|years = 2017–2021}}
{{s-aft|after = Donal O'Donnell}}
{{end}}
{{Chief Justices of Ireland}}
External links
- [http://www.rte.ie/radio1/podcast/podcast_frankclarke.xml RTÉ Lisbon Treaty podcast]
- [http://www.irishtimes.com/newspaper/opinion/2009/0730/1224251670434.html Irish Times July 30 2009] (subscription required)
{{Authority control}}
{{DEFAULTSORT:Clarke, Frank}}
Category:Chief justices of Ireland
Category:Alumni of University College Dublin
Category:High Court judges (Ireland)
Category:People educated at Drimnagh Castle Secondary School
Category:Chairpersons of the Referendum Commission
Category:Alumni of King's Inns
Category:Lawyers from County Dublin