The Circuit Court Judge, Brian Curtin, is to appeal to the Supreme Court the dismissal of his challenge to the Oireachtas mechanism put in place to investigate and gather information about his alleged misbehaviour.
Last month the High Court rejected his challenge to the procedures adopted.
The High Court found that the mechanism set in train by the Houses of the Oireachtas was within their powers and the terms of the Constitution.
They were neither designed to be nor were they an attack on the independence of the judiciary, Mr Justice Smyth said.
The case will now be set down for hearing by the Supreme Court.
