Udom judged: Weighing up the new chief of Thailand’s top court

Thailand’s Constitutional Court finally has a new president, almost two years after his predecessor’s term officially ended in November 2024.

Udom Sittiwirattham, who joined the court in 2020, was elected by his colleagues on July 15 to become its new chief, replacing Nakharin Mektrairat, whose term was extended until a new judge could be appointed.

The vote to appoint Udom was overshadowed by controversy surrounding the charter court’s newest member, Chakrapong Wiwatwanich.

Critics argued that the retired policeman was not qualified for the role, claiming he was installed by a Bhumjaithai-controlled Senate seeking to tip the balance of the court in the ruling party’s favour. Before endorsing Chakrapong, the Upper House had rejected two nominees with undisputed qualifications.

Chakrapong joined eight existing judges at the July 15 meeting to elect a new court president.

Controversial quip

Udom, 71, stirred controversy two years ago when he joked about his role in dissolving the Move Forward Party.

Udom and his fellow judges ordered the disbandment in early August 2024, ruling that the opposition party’s push to change the lese majeste law had “undermined Thailand’s democratic system with the King as head of state”.

Two weeks later, Udom reportedly quipped that he deserved praise from the party’s ex-MPs for helping to kickstart Move Forward’s new incarnation, the People’s Party.

“Frankly speaking, they should thank me for dissolving the party. I helped them collect as much as 20 million baht in donations,” the judge was quoted as saying at a seminar on the court’s role in protecting rights and freedom.

People's Party MPs and supporters condemned the remarks, alleging they exposed a blatant lack of integrity and impartiality.

A group of senators filed for an investigation into Udom’s alleged breach, but the motion was defeated in a majority vote.

Axing two PMs, sparing one

Udom presided over several other high-profile cases, including hearings against three former prime ministers.

In 2022, he joined a 6-3 majority ruling allowing General Prayut Chan-o-cha to stay on as prime minister amid a legal dispute over the coup leader’s term in office. Opposition parties had argued that his eight-year term began with his post-coup regime in 2014, but the court ruled it should be counted from the year the new Constitution was enacted – 2017.

In 2024, Udom voted in a 5-4 majority to remove Srettha Thavisin as prime minister for a grave breach of ethics in appointing a former convict to his government.

Last August, Udom was among the majority of judges who dismissed PM Paetongtarn Shinawatra over a leaked phone call with Hun Sen during which she called the Cambodian strongman “uncle” and criticised one of her own commanders.

Former judge advocate

Born on November 22, 1954, Udom earned a bachelor's degree in law from Ramkhamhang University in 1974 and his licence to practice a year later. He went on to obtain a master’s in law from Chulalongkorn University in 1982.

Udom launched his legal career as a judge advocate in the Royal Thai Navy, serving from 1976 to 1981. He then shifted to the Court of Justice, rising from trainee to acting judge before becoming a full-fledged justice at the provincial court level.

In 1991, Udom became chief judge of the Nakhon Sawan Provincial Court. He then joined the Criminal Court, where he was the presiding judge from 1997 and 1999.

Over the following 12 years until 2011, Udom worked at the Court of Appeal, serving as a presiding judge, president of the Consumer Case Division, and the court’s vice-president.

He later became chief justice at the Bangkok South Criminal Court, president of the Court of Appeal’s Region 5, and presiding judge of the Supreme Court. He served as president of the Supreme Court’s appeals and petitions division between 2018 and 2020.