Nicholas Kearns

Nicholas Kearns (born 12 December 1946) is a retired Irish judge who served as President of the High Court from 2009 to 2015 and a Judge of the High Court from 1998 to 2015, and previously from 1998 to 2004, and a Judge of the Supreme Court from 2004 to 2009.

Early life Kearns was born in 1946 and educated at St Mary's College, Dublin.

Legal career He was called to the bar in 1968, the Bar of England and Wales in 1981 and became a senior counsel in March 1982.

He has presided over the Special Criminal Court, and the former Court of Criminal Appeal.

President of the High Court He became the President of the High Court in October 2009. He retired in 2015 ahead of the mandatory retirement date to spend more time with family.

Doherty v. Ireland On 12 July 2010, the High Court granted leave to Sinn Féin Senator Pearse Doherty for a judicial review into why a by-election was not being held in Donegal South-West. The seat was vacant since June 2009, following the resignation of Fianna Fáil TD Pat "the Cope" Gallagher on his election to the European Parliament. On 2 November 2010, the High Court ruled that there was an unreasonable delay in holding the by-election. In his ruling, Kearns described the delay as unprecedented and that the delay amounted to a breach of Doherty's constitutional rights. He declared that Section 30 (2) of the Electoral Act 1992 should be construed as requiring that a writ for a by-election be moved within a reasonable time of the vacancy arising. He further stated,

However, Justice Kearns did not order the Government of Ireland to set a date for the by-election. The Government announced on 4 November 2010, that the by-election would be held on 25 November. They also stated that they would appeal to the Supreme Court.

He became the deputy chairperson of the National Maternity Hospital, Dublin in 2015 and is a trustee of the Gate Theatre.

Personal life He is married to Eleanor, with whom he has four sons.