The
Courts of Justice Act 1924, as amended, provides for the order of precedence between judges of the
superior courts as follows: • the
Chief Justice; • the President of the
Court of Appeal; • the President of the
High Court; • former Chief Justices in order of appointment; • ordinary judges of the
Supreme Court (excluding
ex officio judges) in order of appointment; • judges of the Court of Appeal who are
ex officio judges of the Supreme Court (being former Presidents of the
Court of Appeal or of the
High Court) in order of appointment as President of the respective court; • judges of the High Court who are
ex officio judges of the Supreme Court (being former Presidents of the High Court) in order of appointment as President of the High Court. • judges of the Court of Appeal in order of appointment; • ordinary judges of the High Court (excluding
ex officio judges) in order of appointment; • the President of the
Circuit Court by virtue of being an
ex officio judge of the High Court; • former Presidents of the Circuit Court in order of appointment. The act also prescribes that the precedence of "ordinary judges" of the Circuit Court is by date of appointment; this excludes the "specialist judges" introduced in 2012 for
personal insolvency cases.
Frances Fitzgerald, then
Minister for Justice and Equality, explained the purpose of the provision in
Seanad Éireann at its revision in 2014: :I wish to make the point that precedence and the order does not have anything to do with salaries. It is a well established hierarchical structure. It is interesting to note, for example, that in some legislation one will have inbuilt in the legislation a particular order in which a particular issue is dealt with. Therefore, the listing and, if one likes, hierarchical structure can address the issue. In certain contexts provision is made for the next most senior judge to hear a case or organise the business of the court so there is an order of precedence imported in that context. It is to deal with those issues that we have set out the order in section 28 and that is the only reason. A
patent of precedence is used to assign the title
Senior Counsel to a practising
barrister, or since 2020 to a practising
solicitor. Among barristers, in professional contexts, the
Attorney General of Ireland takes precedence, followed by senior counsel in order of call to the bar|call to the [inner] bar, followed by junior counsel in order of either call to the [outer] bar or date of joining the Bar Council's Law Library. In non-professional contexts, seniority is usually by call to the outer bar, with the "Father/Mother of the Bar" ranked first; at
King's Inns dinners,
Benchers have precedence, at
Circuit functions, members of the host circuit may take precedence. ==State ceremonies==