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John O'Byrne (24 April 1884 – 14 January 1954) was the second Attorney-General of the Irish Free State, serving between 7 June 1924 and 9 January 1926.

Early life

He was born on 24 April 1884, the fourth son of Patrick O’Byrne and Mary O'Byrne (nee Tallon), of Seskin, County Wicklow, in Ireland. He was educated at the Patrician Monastery, Tullow, County Carlow, and studied Moral and Mental Science at the Royal University, where he graduated in 1907 in First Place with First Class Honours. He was awarded a Master of Arts degree in 1908.

He joined the Land Commission, where he acquired an intimate knowledge of the system of real property and land tenure in Ireland. Subsequently, he studied at King's Inns, Dublin, and was called to the Irish Bar in 1911, where he practised mainly in real property.

In 1922 he was appointed by the Provisional Government of Southern Ireland to the Irish Free State Constitution Commission to draft the Constitution of the Irish Free State, commonly known as the Irish Free State Constitution Commission. It prepared a draft Constitution. He was thus one of the constitutional architects of the Irish Free State.

In 1923 he was appointed to the Judiciary Commission by the Government of the Irish Free State, on a reference from the Government to establish a new system for the administration of justice in accordance with the Constitution of the Irish Free State. The Judiciary Commission was chaired by the last Lord Chief Justice of Ireland (who had also been the last Lord Chancellor of Ireland). It drafted legislation for a new system of courts, including a High Court and a Supreme Court, and provided for the abolition of the Irish Court of Appeal.

He was appointed King's Counsel in 1924. He was also a delegate of the Irish Free State to the League of Nations in the same year.


On 7 June 1924 he was appointed the second Attorney-General of the Irish Free State when Hugh Kennedy was appointed Chief Justice. His photograph appears at [1].

He married Marjorie O'Byrne, née McGuire, in 1924. They had three sons, Michael, Patrick and John and two daughters, Anne and Mary. Michael currently resides in Canada with his family, Patrick (or Paddy O'Byrne) had a hugely successful radio career in South Africa and now resides in Mullingar, John lives in London and both Mary and Anne are deceased.

Justice of the High Court and the Supreme Court

On 9 January 1926 he was appointed a Justice of the High Court, upon which he served until he was appointed to the Supreme Court in 1940. He was also Chairman of the Irish Legal Terms Advisory Committee from 14 May 1948 to 13 May 1953.

He lived at Stonehurst, Killiney, County Dublin. He died in his office on 14 January 1954.

Legal offices
Preceded by
Hugh Kennedy
Attorney General of Ireland
Succeeded by
John A. Costello


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