The High Court has begun an inquiry into the procedures put in place by the Oireachtas to investigate the alleged misbehaviour of Circuit Court Judge Brian Curtin.
Judge Curtin is seeking a declaration from the courts that the mechanism used by the Dáil and Seanad is unlawful and unconstitutional.
The judge was acquitted by direction of a trial judge of possession of child pornography in April of last year. He did not appear in the High Court today.
His case against the legality of the Oireachtas select committee, established to inquire into his fitness to serve as a judge, is being presented by John Rogers.
He claimed that from the outset, when the Government moved a motion to remove the judge from office, the procedure was wrong. Mr Rogers claimed the whole process failed to deliver a decision-making mechanism whereby an adjudication would occur on allegations made against the judge.
The Curtin team is attacking the procedure on two fronts. They are challenging the constitutional issues and they are also challenging the order made by the committee last November ordering Judge Curtin to hand over his personal computer.
The hearing before Mr Justice Thomas Smyth is expected to last at least the rest of this week.
However, it is anticipated that whatever the outcome this challenge will eventually go to the Supreme Court on appeal.
