Donal O'Donnell

Donal John O'Donnell (born 10 April 1958) is an Irish judge who has served as a Judge of the Supreme Court of Ireland since January 2010.

The Hon. Mr. Justice

Donal O'Donnell
Judge of the Supreme Court
Assumed office
20 January 2010
Nominated byGovernment of Ireland
Appointed byMary McAleese
Personal details
Born
Donal John O'Donnell

(1958-04-10) 10 April 1958
Belfast, Northern Ireland
NationalityIrish
Spouse(s)Mary Rose Binchy (m. 1992)
Children4
EducationSt. Mary's School
Alma mater

Early life

He was born in Belfast, Northern Ireland, in 1958. He was educated at St. Mary's Christian Brothers' Grammar School, Belfast, University College Dublin, King's Inns and the University of Virginia.[1] While attending University College Dublin, he won the 1978 Irish Times Debate with Conor Gearty for the UCD Law Society.[2] He graduated from Virginia in 1983, where he wrote a research paper comparing equality under the US and Irish constitutions, supervised by A.E. Dick Howard.[3] Janet Napolitano was also among the class of 1983.[4]

His brother Turlough O'Donnell SC is former Chairman of the Bar Council of Ireland.[5] He comes from a legal family, his father, The Rt. Hon Sir Turlough O'Donnell PC, was a member of the High Court of Northern Ireland and of the Court of Appeal of Northern Ireland between 1971 and 1990.[6]

He was called to the Irish Bar in 1982. He was then later called to the Bar of Northern Ireland in 1989.[7] He has practised in all courts in Ireland, Northern Ireland, European Court of Justice (ECJ) and the European Court of Human Rights (ECHR).[1] He was known for his speciality in constitutional law.[8] He successfully represented the applicants from the Garda Síochána after the death of John Carthy in a constitutional challenge which limited the powers of investigation of the Oireachtas,[9] which led to the unsuccessful Thirtieth Amendment of the Constitution.[10] He acted for the State in Zappone v. Revenue Commissioners and Miss D. He was counsel for Michael Lowry at the Moriarty Tribunal.[7]

O'Donnell's practice also extended to commercial law. He and Paul Gallagher acted for a group of tobacco companies in 2004 in challenge to a restriction of tobacco advertising.[11] He represented the Beef Industry Development Society Ltd in a 2008 case in the ECJ which clarified the meaning of an agreement under Article 101 of the Treaty on the Functioning of the European Union.[12]

O'Donnell was a member of the Law Reform Commission from 2005 to 2012. He became a Bencher of the King's Inns in 2009.[1]

Judicial career

O'Donnell was appointed to the Supreme Court in 2010. He was appointed directly from practice to Ireland's highest court, a rare direct appointment.[13] His appointment followed Nicholas Kearns becoming President of the High Court.[14]

There have been several distinctive and innovative features of his Supreme Court judgments, including writing joint opinions and opting to delay a declaration of unconstitutionality, in lieu of no declaration at all, to enable the government to take action before a judgment takes effect.[8] Ruadhán Mac Cormaic of The Irish Times says O'Donnell has a reputation for elegant writing and having a "socially liberal" approach.[8]

He was reported to have been one of three judges shortlisted to be the 12th Chief Justice of Ireland in July 2017, however, Frank Clarke was chosen.[15]

Personal life

He is married to Mary Rose Binchy, an artist,[8] with whom he has four children.[7]

gollark: Unfortunately the ones with the alts I like mostly either aren't or I don't know who they are.
gollark: Heretic!
gollark: Except cyan which is a traitor.
gollark: Hopefully one day it will be possible to conveniently 3D-print cool xenowyrm accessories.
gollark: Yay xenowyrms!

References
  1. "2018 Supreme Court Annual Report" (PDF). Supreme Court. Retrieved 21 April 2019.
  2. "Where are they now?". The Irish Times. 31 January 1992. p. 9. Retrieved 2019-12-09.
  3. "O'Donnell LL.M. '83 Nominated to Supreme Court of Ireland". University of Virginia School of Law. 17 January 2010. Retrieved 9 December 2019.
  4. "1980s Class Notes". University of Virginia School of Law. Retrieved 9 December 2019.
  5. "O'Donnell takes Supreme Court seat". Irish Times. 20 January 2010. Retrieved 20 January 2016.
  6. "NI barrister joins Supreme Court". The Belfast Telegraph. 20 January 2010. Retrieved 4 June 2011.
  7. "UCD Connections 2010" (PDF). UCD. Retrieved 9 December 2019.
  8. Cormaic, Ruadhán Mac. "Donal O'Donnell: Intellectual heavyweight and innovator". The Irish Times (26 July 2019). Retrieved 9 December 2019.
  9. Maguire v Ardagh, 1 I.R. 385 (Supreme Court of Ireland 2002).
  10. "Government publishes inquiries Bill". The Irish Times. 12 September 2011. Retrieved 9 December 2019.
  11. "Firms want no detailed evidence in challenge to tobacco ads ban". The Irish Times. Retrieved 25 April 2020.
  12. Competition Authority v Beef Industry Development Society Ltd, Case C‑209/07 (ECJ 20 November 2008).
  13. "Constitutional barrister appointed to Supreme Court". Breakingnews.ie. 20 January 2010. Retrieved 20 January 2016.
  14. Carolan, Mary. "Mr Justice Donal O'Donnell formally appointed to Supreme Court". The Irish Times. Retrieved 9 December 2019.
  15. Cormaic, Ruadhán Mac; Minihan, Mary. "Cabinet to pick chief justice from three-judge shortlist". The Irish Times. Retrieved 9 December 2019.
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