E151 The Fifth Court - Peter Charleton Part 2: what judges really worry about

In Part 2 of our extended interview with retired Supreme Court judge Mr Justice Peter Charleton, Peter Leonard BL and Mark Tottenham BL continue a remarkable conversation about life at the Bar, life on the Bench, and life after the Supreme Court.

Peter Charleton speaks about the reality of appearing in high-profile criminal cases, the discipline of addressing juries, why a good advocate must be able to hold attention, and why, in court, “your job is basically to stay on the horse”.

He discusses the emotional weight of criminal work, the dangers of lawyers mistaking themselves for victims, the Morris Tribunal, the call to the High Court, the pressure of judgment writing, and the move from sitting alone in the High Court to deciding cases with colleagues in the Supreme Court.

There is also a fascinating discussion on the length of modern judgments, why digital searches are different from physical searches, how Supreme Court judges deal with disagreement, and whether advocacy still matters in an age of written submissions.

And, in a lovely final turn, Peter Charleton reflects on retirement, family, music, film, War and Peace, Clint Eastwood, and why music, in his view, is a higher form of reasoning than law.

Before the interview, Mark and Peter discuss three recent cases from the Decisis.ie casebook, with thanks to the sponsor of the Decisis casebook discussion, Charltons Solicitors and Collaborative Practitioners of George’s Street, Dún Laoghaire, who specialise in family law, civil litigation, property, wills and probate.

LSRA v O’Brien

A solicitor was prohibited from practising in his own right for 10 years following serious misconduct and repeated non-compliance with undertakings. The High Court stressed that its role in reviewing LSRA determinations is not a rubber-stamping exercise.

LSRA v Salabi

An overseas lawyer seeking to practise in Ireland could not rely on Belgian professional indemnity cover. The court held that the foreign cover did not meet the Irish regulatory requirements.

Foreign Births Register citizenship challenge

A challenge to the requirement that foreign-born children be registered on the Foreign Births Register before acquiring Irish citizenship was rejected, with the court finding no particular injustice in the requirement.

CHAPTERS

00:00 Introduction and Part 2 preview

00:48 Decisis casebook discussion, sponsored by Charltons Solicitors and Collaborative Practitioners

03:49 Peter Charleton interview resumes

04:31 High-profile criminal cases and staying on the horse

05:15 Addressing juries and holding attention

07:13 Worrying about cases and professional regret

08:08 Criminal work, vicarious trauma and perspective

09:03 The Morris Tribunal and Donegal

10:37 The call to the High Court

11:43 Why judging was not easier than being a barrister

13:48 How to write a judgment

15:46 Are modern judgments too long?

18:07 Digital searches and privacy

19:52 Moving from the High Court to the Supreme Court

20:22 Keeping an open mind on appeal

21:30 Overturning colleagues and why it is not personal

23:45 Irish courts, US courts and the politics of judging

26:26 Is great advocacy dead?

28:38 Retirement from the Supreme Court

30:41 Life after the Bench

31:22 Music, law and philosophy

32:47 Film and book recommendations

34:45 Closing thanks

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