{{Short description|Irish judge (born 1945)}} {{Use dmy dates|date=August 2017}} {{Infobox officeholder | image = Susan Denham 2014.jpg | office = Chief Justice of Ireland | term_start = 25 July 2011 | term_end = 28 July 2017 | nominator = Government of Ireland | appointer = Mary McAleese | predecessor = John L. Murray | successor = Frank Clarke | office1 = Judge of the Supreme Court | term_start1 = 1 May 1992 | term_end1 = 28 July 2017 | nominator1 = Government of Ireland | appointer1 = Mary Robinson | office2 = Judge of the High Court | term_start2 = 11 July 1991 | term_end2 = 1 May 1992 | nominator2 = Government of Ireland | appointer2 = Mary Robinson | birth_name = Susan Jane Gageby | birth_date = {{birth date and age|1945|08|22|df=y}} | birth_place = Sandymount, Dublin, Ireland | death_date = | death_place = | spouse = {{marriage|Brian Denham |1992}} | children = 4 | education = Alexandra College | alma_mater = {{Ubl|Trinity College, Dublin|Columbia University|King's Inns}} |}} '''Susan Jane Denham''',<ref>{{cite web |title=University and College Officers |url=https://www.tcd.ie/assets/documents/calendar/part1_university_and_college_officers.pdf |publisher=TCD |access-date=3 March 2020 |archive-date=1 August 2020 |archive-url=https://web.archive.org/web/20200801012139/https://www.tcd.ie/assets/documents/calendar/part1_university_and_college_officers.pdf |url-status=live }}</ref> SC (''née'' Gageby; born 22 August 1945<ref>{{cite journal |title=Denham, Susan Gageby, (born 22 Aug. 1945), Chief Justice of Ireland, 2011–Aug. 2017 |journal=Who's Who |date=1 December 2007 |doi=10.1093/ww/9780199540884.013.U13469}}</ref>) is a retired Irish judge who served as Chief Justice of Ireland from 2011 to 2017, she was the first woman to hold the position. She served as a Judge of the Supreme Court from 1992 to 2017, and was the third longest-serving member of the court on her retirement. She also served as a Judge of the High Court from 1991 to 1992.<ref name=thejournal_19072011>{{cite news|url=http://www.thejournal.ie/susan-denham-to-become-ireland%E2%80%99s-first-female-chief-justice-181629-Jul2011/|title=Susan Denham to become Ireland's first female Chief Justice|work=TheJournal.ie|date=19 July 2011|access-date=19 July 2011|archive-date=21 July 2011|archive-url=https://web.archive.org/web/20110721121714/http://www.thejournal.ie/susan-denham-to-become-ireland%E2%80%99s-first-female-chief-justice-181629-Jul2011/|url-status=live}}</ref><ref name=IT_19072011>{{cite news|url=http://www.irishtimes.com/newspaper/breaking/2011/0719/breaking56.html|title=New Chief Justice appointed|newspaper=The Irish Times|date=19 July 2011|first=Aoife|last=Carr|access-date=19 July 2011|archive-date=19 July 2011|archive-url=https://web.archive.org/web/20110719224007/http://www.irishtimes.com/newspaper/breaking/2011/0719/breaking56.html|url-status=live}}</ref>
==Early life== Susan Gageby was born in Dublin in 1945. She was educated at Alexandra College, Dublin. She is the daughter of the former editor of ''The Irish Times'', Douglas Gageby, the sister of another barrister Patrick Gageby and maternal granddaughter of Seán Lester.<ref name="IT Mar 1996">{{cite news |title=Judge becomes pro chancellor of TCD |url=https://www.irishtimes.com/news/judge-becomes-pro-chancellor-of-tcd-1.36005 |access-date=24 August 2020 |newspaper=The Irish Times |date=23 March 1996 |language=en}}</ref> She is from a Church of Ireland background.<ref name="Bar Review Dec 2017" />
She attended Trinity College Dublin (LL.B. 1969), the King's Inns, and the Law School of Columbia University, New York City (LL.M. 1972).<ref>{{cite book |last=Sherlock |first=D.J.M. |date=2006 |title=Trinity College Record Volume 2006 |location=Dublin |publisher=Trinity College Dublin Press |isbn=1-871408-07-5}}</ref><ref>{{cite web|url=http://llm.uniiks.com/press_releases/448-Susan-Denham-72-LL-M-Columbia-Law-School-appointed-Ireland-s-first-female-Chief-Justice-of-the-Supreme-Court|title=Susan Denham|work=LLM Uniiks|date=21 July 2011|access-date=19 August 2011|archive-date=29 March 2012|archive-url=https://web.archive.org/web/20120329112030/http://llm.uniiks.com/press_releases/448-Susan-Denham-72-LL-M-Columbia-Law-School-appointed-Ireland-s-first-female-Chief-Justice-of-the-Supreme-Court|url-status=live}}</ref><ref name=supremect>{{cite web|url=http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/pagecurrent/5C73008BBE0F9BB98025741800405F3C?opendocument&l=en|title=Current Judges of the Supreme Court|publisher=The Supreme Court of Ireland|access-date=19 July 2011|archive-date=5 October 2011|archive-url=https://web.archive.org/web/20111005085504/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/pagecurrent/5C73008BBE0F9BB98025741800405F3C?opendocument&l=en|url-status=live}}</ref> She was involved with the Free Legal Advice Centres while studying in Dublin and was a founder and president of the Archaeology and Folklife Society at Trinity College.<ref name="IT Apr 1999" />
==Legal career== She was called to the Bar in July 1971 and became a Senior Counsel in October 1987. She was the fourth woman to enter the Inner Bar.<ref name="Bar Review Dec 2017">{{cite news |title=The Bar Review |url=https://www.lawlibrary.ie/media/lawlibrary/media/TheBarReview_Dec2017_web.pdf |access-date=9 December 2019 |issue=6 |date=December 2017 |volume=22 |archive-date=1 March 2021 |archive-url=https://web.archive.org/web/20210301101307/https://www.lawlibrary.ie/media/lawlibrary/media/TheBarReview_Dec2017_web.pdf |url-status=live }}</ref> She became a senior counsel on the same day as future Supreme Court colleague Mary Laffoy.<ref name="IT RMC Jul 2017" /> She worked on the Midland circuit until 1979, following which she was based in Dublin. She was involved in several leading cases while a junior barrister and a Senior Counsel, particularly in the area of judicial review.<ref name="SC Website Profile" />
== Judicial career ==
=== High Court and Supreme Court=== She became a High Court judge in 1991. In 1992, at the age of 47, she was the first woman appointed to the Supreme Court.<ref name="SC Website Profile">{{cite web|last1=Supreme Court of Ireland|title=Chief Justice Susan Gageby Denham|url=http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/pagecurrent/88D89C40B15B2F8280257315005A41D1?opendocument&l=en|website=Supreme Court of Ireland|access-date=7 November 2014|url-status=dead|archive-url=https://web.archive.org/web/20141107200141/http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/pagecurrent/88D89C40B15B2F8280257315005A41D1?opendocument&l=en|archive-date=7 November 2014|df=dmy-all}}</ref><ref>{{cite news |title=Members of the courts reform group |url=https://www.irishtimes.com/news/members-of-the-courts-reform-group-1.51456 |access-date=24 August 2020 |newspaper=The Irish Times |date=22 May 1996 |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182856/https://www.irishtimes.com/news/members-of-the-courts-reform-group-1.51456 |url-status=live }}</ref> She was considered for appointment to the role of President of the High Court in 1994, but declined to have her name put forward.<ref>{{cite book |last1=Daniel |first1=Ann |title=Scapegoats for a Profession: Uncovering Procedural Injustice |date=22 May 1998 |publisher=Routledge |isbn=978-9057022777 |page=102}}</ref> She made two dissents early on in her period on the Court.<ref name="Bar Review Dec 2017" /> Throughout her tenure as a judge, she was seen by commentators to be a "liberal".<ref>{{cite news |last1=Kennedy |first1=Geraldine |author-link1=Geraldine Kennedy |title=Supreme Court faces unprecedented change |url=https://www.irishtimes.com/culture/supreme-court-faces-unprecedented-change-1.45909 |access-date=24 August 2020 |newspaper=The Irish Times |date=4 May 1996 |language=en |archive-date=22 September 2021 |archive-url=https://web.archive.org/web/20210922235206/https://www.irishtimes.com/culture/supreme-court-faces-unprecedented-change-1.45909 |url-status=live }}</ref><ref name="IT Apr 1999">{{cite news |last1=Coulter |first1=Carol |title=Denham report becomes the security blanket for all |url=https://www.irishtimes.com/news/denham-report-becomes-the-security-blanket-for-all-1.177242 |access-date=24 August 2020 |newspaper=The Irish Times |date=24 April 1999 |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182942/https://www.irishtimes.com/news/denham-report-becomes-the-security-blanket-for-all-1.177242 |url-status=live }}</ref><ref name="IT RMC Jul 2017" />
In ''Kelly v Hennessy'' in 1996, she outlined criteria for a court to consider the evidence of the existence of nervous shock in Ireland.<ref>{{cite web |last1=Russell |first1=Nicholas |title=COMPENSATION FOR POST TRAUMATIC STRESS DISORDER |url=https://www.oshearussell.ie/compensation-post-traumatic-stress-disorder/ |website=O’Shea Russell Solicitors |access-date=24 August 2020 |archive-date=1 May 2018 |archive-url=https://web.archive.org/web/20180501005300/http://www.oshearussell.ie/compensation-post-traumatic-stress-disorder/ |url-status=live }}</ref> In 2001, she was the sole member of the Supreme Court to dissent in ''TD v Minister for Education''. The court overturned a decision of Peter Kelly in the High Court to direct the government to build secure care units for certain children. The majority held in the Supreme Court that it would violate the separation of powers for the judicial arm of government to direct how the state was to administer its resources which was a right reserved under the Constitution for the legislative and executive arms of government.<ref>{{cite news |last1=Carolan |first1=Mary |title=Peter Kelly profile: Fearless legal force for half a century |url=https://www.irishtimes.com/news/crime-and-law/peter-kelly-profile-fearless-legal-force-for-half-a-century-1.4278917 |access-date=24 August 2020 |newspaper=The Irish Times |language=en}}</ref>
From 1995 to 1998, she chaired the Working Group on a Courts Commission, which was responsible for a significant reform of the organisation of the courts since the foundation of the state.<ref name=IT_19072011/><ref>{{cite news |last1=Tynan |first1=Maol Muire |title=Owen gives backing to new plan for courts |url=https://www.irishtimes.com/news/owen-gives-backing-to-new-plan-for-courts-1.50995 |newspaper=The Irish Times |date=21 May 1996 |language=en |access-date=24 August 2020 |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182935/https://www.irishtimes.com/news/owen-gives-backing-to-new-plan-for-courts-1.50995 |url-status=live }}</ref> It led to the establishment of the Courts Service.<ref name=supremect/> She was on the Interim Board of the Court Service and served on the Board of the Court Service from its inception, and chaired the board from 2001 to 2004.<ref name=supremect/> She chaired the Committee on Court Practice and Procedure which recommended in 2002 the establishment of a commercial court within the High Court.<ref>{{cite news |last1=Coulter |first1=Carol |title=Judge Kelly to head up new commercial court |url=https://www.irishtimes.com/news/judge-kelly-to-head-up-new-commercial-court-1.345623 |access-date=24 August 2020 |newspaper=The Irish Times |date=17 January 2003 |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182936/https://www.irishtimes.com/news/judge-kelly-to-head-up-new-commercial-court-1.345623 |url-status=live }}</ref>
From 2006, she chaired the Working Group on a Court of Appeal. The report of the group was published by the government in August 2009. It recommended the establishment of a general Court of Appeal. This was ultimately established in 2014, after a referendum in 2013.<ref name=supremect/>
Denham was part of the Irish delegation which, with the Netherlands and Belgium, established the European Network of Councils for the Judiciary (ENCJ) and she continues involvement in this Network. From 1 January 2015 to 31 December 2016, she was President of the Network of the Presidents of the Supreme Judicial Courts of the European Union which is an association of Supreme Court Presidents and Chief Justices of EU Member States.<ref>{{cite web |url=http://www.supremecourt.ie/supremecourt/sclibrary3.nsf/pagecurrent/88D89C40B15B2F8280257315005A41D1?opendocument&l=en |title=Chief Justice Frank Clarke |access-date=2017-08-06 |url-status=dead |archive-url=https://web.archive.org/web/20170806222105/http://www.supremecourt.ie/SupremeCourt/sclibrary3.nsf/pagecurrent/88D89C40B15B2F8280257315005A41D1?opendocument&l=en |archive-date=6 August 2017 |df=dmy-all }}</ref>
=== Chief Justice of Ireland === On 4 July 2011, she was nominated by Taoiseach Enda Kenny to become Chief Justice of Ireland, and she was appointed as Chief Justice by President Mary McAleese on 25 July 2011.<ref>{{cite web |title=Appointment of Mrs Justice Susan Denham as Chief Justice |url=https://merrionstreet.ie/en/Category-Index/Crime-Justice/appointment-of-mrs-justice-susan-denham-as-chief-justice.40191.shortcut.html |website=merrionstreet.ie |access-date=24 August 2020 |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182905/https://merrionstreet.ie/en/category-index/crime-justice/appointment-of-mrs-justice-susan-denham-as-chief-justice.40191.shortcut.html |url-status=live }}</ref> She was the first woman appointed to the office and as a member of the Church of Ireland, she was the first non-Catholic to hold the position. She was also the first graduate of Trinity College Dublin to have been appointed to the office; Chief Justices have largely been graduates of University College Dublin.<ref name=bbc_news>{{cite news|url=https://www.bbc.co.uk/news/uk-northern-ireland-14219734|title=Susan Denham nominated for top Irish legal post|work=BBC News|date=20 July 2011|access-date=20 June 2018|archive-date=1 October 2017|archive-url=https://web.archive.org/web/20171001083937/http://www.bbc.co.uk/news/uk-northern-ireland-14219734|url-status=live}}</ref> She succeeded John L. Murray.<ref name="Journal Jul 2011">{{cite news |last1=Reilly |first1=Gavan |title=Susan Denham to become Ireland's first female Chief Justice |url=https://www.thejournal.ie/susan-denham-to-become-ireland%E2%80%99s-first-female-chief-justice-181629-Jul2011/ |access-date=24 August 2020 |work=TheJournal.ie |date=19 July 2011 |language=en |archive-date=5 August 2020 |archive-url=https://web.archive.org/web/20200805194900/https://www.thejournal.ie/susan-denham-to-become-ireland%E2%80%99s-first-female-chief-justice-181629-Jul2011/ |url-status=live }}</ref>
During her tenure as Chief Justice, the Supreme Court issued suspended declarations of unconstitutionality for the first time.<ref name="IT RMC Jul 2017" /> The possibility of delaying the effect of a court declaration that a piece of legislation is contrary to the Constitution was first explored by Denham in ''A v Governor of Arbour Hill Prison''.<ref>{{cite web |last1=Kenny |first1=David |title=Guest Post: David Kenny on NVH v Minister for Justice {{!}} Constitution Project @ UCC |url=http://constitutionproject.ie/?p=621 |website=Constitution Project |access-date=24 August 2020 |archive-date=23 October 2020 |archive-url=https://web.archive.org/web/20201023110528/http://constitutionproject.ie/?p=621 |url-status=live }}</ref> The court first adopted this approach in ''N.V.H v Minister for Justice & Equality'' in May 2017.<ref>{{cite web |last1=Carolan |first1=Eoin |title=Eoin Carolan: Suspended Declarations of Invalidity in Ireland?: The Story So Far |url=https://ukconstitutionallaw.org/2017/12/06/eoin-carolan-suspended-declarations-of-invalidity-in-ireland-the-story-so-far/ |website=UK Constitutional Law Association |access-date=24 August 2020 |language=en |date=6 December 2017 |archive-date=30 September 2020 |archive-url=https://web.archive.org/web/20200930154240/https://ukconstitutionallaw.org/2017/12/06/eoin-carolan-suspended-declarations-of-invalidity-in-ireland-the-story-so-far/ |url-status=live }}</ref>
As Chief Justice, she oversaw changes in the operations of the Supreme Court and the courts generally. She oversaw the removal of the requirement for judges to wear wigs while hearing cases.<ref>{{cite news |title=Judges' wig rule abolished |url=https://www.irishtimes.com/news/judges-wig-rule-abolished-1.885202 |access-date=24 August 2020 |newspaper=The Irish Times |date=13 October 2011 |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182902/https://www.irishtimes.com/news/judges-wig-rule-abolished-1.885202 |url-status=live }}</ref> In 2015, the Supreme Court sat outside Dublin for the first time since 1931, sitting in Cork.<ref>{{cite news |last1=Hosford |first1=Paul |title=The Supreme Court is leaving Dublin for the first time ever |url=https://www.thejournal.ie/court-to-be-moved-and-its-live-1967867-Mar2015/ |access-date=24 August 2020 |work=TheJournal.ie |language=en |archive-date=11 December 2017 |archive-url=https://web.archive.org/web/20171211233122/http://www.thejournal.ie/court-to-be-moved-and-its-live-1967867-Mar2015/ |url-status=live }}</ref> She corresponded with the Office of Public Works over the lack of heating in the Four Courts, threatening to cancel sittings if the issue was not resolved.<ref>{{cite news |title=Cold case: Chief justice uses thermometer to prove faulty heating in courts |url=https://www.irishexaminer.com/news/arid-20322173.html |access-date=24 August 2020 |work=Irish Examiner |date=4 April 2015 |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182907/https://www.irishexaminer.com/news/arid-20322173.html |url-status=live }}</ref><ref>{{cite news |title=Cold case: Chief Justice warns of trial cancellations as judges shiver in court |url=https://www.independent.ie/irish-news/news/cold-case-chief-justice-warns-of-trial-cancellations-as-judges-shiver-in-court-31117542.html |access-date=24 August 2020 |work=Irish Independent |language=en |archive-date=25 March 2016 |archive-url=https://web.archive.org/web/20160325124216/http://www.independent.ie/irish-news/news/cold-case-chief-justice-warns-of-trial-cancellations-as-judges-shiver-in-court-31117542.html |url-status=live }}</ref> She advocated for the inclusion of a new courtroom for the Supreme Court in plans to develop a new family court complex on Hammond Lane.<ref>{{cite news |last1=Gartl |first1=Fiona |title=Chief Justice wanted Supreme Court space in proposed new complex |url=https://www.irishtimes.com/news/crime-and-law/chief-justice-wanted-supreme-court-space-in-proposed-new-complex-1.2480618 |access-date=24 August 2020 |newspaper=The Irish Times |date=31 December 2015 |language=en |archive-date=23 September 2021 |archive-url=https://web.archive.org/web/20210923182906/https://www.irishtimes.com/news/crime-and-law/chief-justice-wanted-supreme-court-space-in-proposed-new-complex-1.2480618 |url-status=live }}</ref>
In her capacity as Chief Justice, she oversaw the administration of the Presidential Declaration of Office at the inauguration of President Michael D. Higgins in Dublin Castle in November 2011.<ref>{{cite news |title=Higgins to be sworn in as Ireland's ninth President |url=https://www.irishexaminer.com/news/arid-30527934.html |access-date=24 August 2020 |work=Irish Examiner |date=11 November 2011 |language=en |archive-date=1 October 2020 |archive-url=https://web.archive.org/web/20201001174600/https://www.irishexaminer.com/news/arid-30527934.html |url-status=live }}</ref>
She retired from the position in July 2017 and was succeeded by Judge Frank Clarke. She was the third-longest serving Supreme Court judge ever at the time of her retirement.<ref name="IT RMC Jul 2017">{{cite news |last1=Cormaic |first1=Ruadhán Mac |title=The Susan Denham way: low-key, principled and effective |url=https://www.irishtimes.com/news/crime-and-law/the-susan-denham-way-low-key-principled-and-effective-1.3170455 |access-date=24 August 2020 |newspaper=The Irish Times |date=29 July 2017 |language=en |archive-date=9 November 2020 |archive-url=https://web.archive.org/web/20201109010009/https://www.irishtimes.com/news/crime-and-law/the-susan-denham-way-low-key-principled-and-effective-1.3170455 |url-status=live }}</ref> In her remarks on her retirement, she drew attention to the government's failure to institute a judicial council, having first attempted to persuade the government to establish one in 1997.<ref>{{cite news |title=Outgoing Chief Justice criticises lack of council |url=https://www.rte.ie/news/ireland/2017/0728/893739-susan-denham/ |access-date=24 August 2020 |work=RTÉ News |date=28 July 2017 |language=en |archive-date=16 November 2020 |archive-url=https://web.archive.org/web/20201116125350/https://www.rte.ie/news/ireland/2017/0728/893739-susan-denham/ |url-status=live }}</ref>
=== Post-retirement ===
In 2019, she was made an honorary fellow of Trinity College Dublin.<ref>{{cite web |url=https://www.tcd.ie/Secretary/FellowsScholars/fellowship/index2019.php |title=TRINITY MONDAY 2019 - FELLOWS AND SCHOLARS |date=29 April 2019 |website=www.tcd.ie |publisher=Trinity College Dublin |access-date=2022-01-27 }}</ref>
The Courts Service announced on 24 August 2020 that the Supreme Court had appointed her to review the attendance of Supreme Court judge Séamus Woulfe at a dinner organised by the Oireachtas Golf Society.<ref>{{cite news |title=Supreme Court orders review into Woulfe attendance |url=https://www.rte.ie/news/ireland/2020/0824/1161007-seamus-woulfe/ |access-date=24 August 2020 |work=RTÉ News |date=24 August 2020 |language=en |archive-date=24 August 2020 |archive-url=https://web.archive.org/web/20200824175339/https://www.rte.ie/news/ireland/2020/0824/1161007-seamus-woulfe/ |url-status=live }}</ref> She was appointed on a non-statutory basis as the relevant section in the Judicial Council Act 2019 on judicial conduct had not yet been commenced.<ref>{{cite news |last1=Carswell |first1=Simon |title=Supreme Court orders report on Seamus Woulfe's attendance at Clifden golf dinner |url=https://www.irishtimes.com/news/crime-and-law/supreme-court-orders-report-on-seamus-woulfe-s-attendance-at-clifden-golf-dinner-1.4337788 |access-date=24 August 2020 |newspaper=The Irish Times |date=24 August 2020 |language=en |archive-date=24 August 2020 |archive-url=https://web.archive.org/web/20200824191638/https://www.irishtimes.com/news/crime-and-law/supreme-court-orders-report-on-seamus-woulfe-s-attendance-at-clifden-golf-dinner-1.4337788 |url-status=live }}</ref>
== Personal life == She is married to paediatrician Dr Brian Denham and they have four children.<ref name="IT Apr 1999" />
From 1996 to 2010, Denham was a Pro-Chancellor of Trinity College, Dublin, the sole constituent college of the University of Dublin.<ref name="bbc_news" />
==References==
{{Reflist}} {{s-start}} {{s-legal}} {{s-bef|before = John Murray}} {{s-ttl|title = {{nowrap|Chief Justice of Ireland}} |years = 2011–2017}} {{s-aft|after = Frank Clarke}} {{end}} {{Chief Justices of Ireland}}
{{Authority control}}
{{DEFAULTSORT:Denham, Susan}} Category:1945 births Category:20th-century Irish judges Category:21st-century Irish judges Category:Living people Category:Columbia Law School alumni Category:Chief justices of Ireland Category:Alumni of Trinity College Dublin Category:Honorary Fellows of Trinity College Dublin Category:Irish Anglicans Category:Irish Senior Counsel Category:People educated at Alexandra College Category:Members of the Royal Irish Academy Category:Irish women judges Category:High Court judges (Ireland) Category:Women chief justices Category:Alumni of King's Inns Category:Lawyers from County Dublin Category:21st-century Irish women lawyers Category:First women chief justices