Lord Justice Clerk
| Lord Justice Clerk | |
|---|---|
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 | |
| Style | The Right Honourable |
| Appointer | Monarch on the advice of the First Minister |
| Term length | Life tenure with compulsory retirement at 75 |
| Salary | £215,256 (Salary Group 2) |
| Part of a series on |
| Scots law |
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The Lord Justice Clerk is the second most senior judge in Scotland, after the Lord President of the Court of Session. The current Lord Justice Clerk is Leeona Dorrian, Lady Dorrian, who was appointed to the position on 13 April 2016.[1] in June 2024 Lady Dorrian has announced her intention to retire from judicial office on 3 February 2025.[2]
History
[edit]In modern times, most judges appointed as Lord Justice Clerk later become Lord President of the Court of Session.
Originally clericus justiciarie or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord Clerk Register, the status of the office increased over time and the Justice-Clerk came to claim a seat on the Bench by practice and custom. This was recognised by the Privy Council of Scotland in 1663 and the Lord Justice Clerk became the effective head of the reformed High Court of Justiciary in 1672 when the court was reconstituted. The Lord Justice Clerk now rarely presides at criminal trials in the High Court, with most of his or her time being spent dealing with civil and criminal appeals.
The Lord Justice Clerk has the title in both the Court of Session and the High Court of Justiciary and, as President of the Second Division of the Inner House, is in charge of the Second Division of Judges of the Inner House of the Court of Session. The office is one of the Great Officers of State of Scotland.
Officeholders
[edit] |
- William de Camera - Justice-Clerk to David II (1324–71)
- Adam Forester
- Before 1374: Alan de Lawedre of Whitslaid & Haltoun, etc.[3]
- 1426: James de Lawedre (d. after 1459)(Grandson of Alan)[4]
- 1478: William Halket of Belsico
- 1489/90: Richard Lawson of Heirigs[5]
- 1507: James Henderson of Fordel (k. Battle of Flodden 1513)
- 1513: James Wishhart of Pittarrow
- 1524: Nicholas Crawfurd of Oxengangs
- 1537: Adam Otterburn of Reidhall[citation needed]
- 1537: Thomas Scot of Pitgorn
- 1539: Thomas Bellenden of Auchnoule
- 1540: Henry Balnaves
- 1547: Sir John Bellenden of Auchnole & Broughton (d.1576)
- 1577: Sir Lewis Bellenden of Auchnole & Broughton (d.1591)
- 1591: Sir John Cockburn of Ormiston (d.1623)
- 1625: Sir George Elphinstone of Blythswood
- 1634: Sir James Carmichael of that Ilk
- 1637: Sir John Hamilton of Orbiston
- 1651–63: Sir Robert Moray[6]
- 1663–71: Sir John Home, of Renton, Lord Renton[6]
- 1671–74: Sir James Lockhart of Lee[6] (d. 4 June 1674)
- 1674–75: Sir William Lockhart of Lee[6]
- 1675–80: Sir Thomas Wallace of Craigie, Lord Craigie[6]
- 1680–84: Richard Maitland, 4th Earl of Lauderdale[6]
- 1684–88: Sir James Foulis of Colinton, Lord Colinton
- 1688–90: Sir John Dalrymple, 1st Earl of Stair[6]
- 1690–92: Sir George Campbell of Cessnock[6][7]
- 1692–99: Sir Adam Cockburn of Ormiston, Lord Ormiston[6]
- 1699–1702: Sir John Maxwell of Pollok, Lord Pollok[6]
- 1702–04: Roderick Mackenzie of Prestonhall, Lord Prestonhall[6]
- 1704–05: Sir William Hamilton of Whitelaw, Lord Whitelaw[6]
- 1705–10: Sir Adam Cockburn of Ormiston, Lord Ormiston[6]
- 1710–14: Sir James Erskine, Lord Grange[6]
- 1714–35: Adam Cockburn of Ormiston, Lord Ormiston[6]
- 1735–48: Andrew Fletcher, Lord Milton[6]
- 1748–63: Charles Erskine, Lord Tinwald[6]
- 1763–66: Gilbert Elliot, Lord Minto[6]
- 1766–87: Thomas Miller, Lord Barskimming[6]
- 1787–99: Robert Macqueen, Lord Braxfield[6]
- 1799–1804: David Rae, Lord Eskgrove[6]
- 1804–11: Charles Hope, Lord Granton[6]
- 1811–41: David Boyle, Lord Boyle[6]
- 1841–58: John Hope, Lord Hope[6]
- 1858–67: John Inglis, Lord Glencorse[6]
- 1867–69: George Patton, Lord Glenalmond[6]
- 1869–88: James Moncreiff, Lord Moncreiff
- 1888–1915: John Macdonald, Lord Kingsburgh[6]
- 1915–22: Charles Dickson, Lord Dickson[6]
- 1922–33: Robert Munro, Lord Alness[6]
- 1933–41: Craigie Aitchison, Lord Aitchison[6]
- 1941–47: Thomas Cooper, Lord Cooper[6][8]
- 1947: Alexander Moncrieff, Lord Moncrieff[6][9]
- 1947–62: George Thomson, Lord Thomson[6][10]
- 1962–72: William Grant, Lord Grant[6][11]
- 1972: John Wheatley, Baron Wheatley[12]
- 1985: Donald Ross, Lord Ross
- 1997: William Cullen, Lord Cullen[13]
- 2001: Brian Gill, Lord Gill[13]
- 2012: Colin Sutherland, Lord Carloway[14]
- 2016: Leeona Dorrian, Lady Dorrian[15][2]
See also
[edit]- Lord President of the Court of Session, to whom the Lord Justice Clerk is deputy.
References
[edit]- ^ McArdle, Helen (13 April 2016). "Scotland appoints first female Lord Justice Clerk". The Herald. Retrieved 5 June 2016.
- ^ a b "Statement on retirement of Lord Justice Clerk". Law Society of Scotland. Retrieved 26 June 2024.
- ^ Alan de Lawedre was Justiciary Clerk "upon the south side of the Water of Forth" and received, in 1374, a pension for same of £10 per annum. Refer: "Early Notices of the Bass Rock and its Owners" by John J. Reid, BA., FSA Scot., in "Proceedings of the Society of Antiquaries of Scotland", 14 December 1885, p. 56.
- ^ Reid, 1885, p.58.
- ^ Calendar of Documents relating to Scotland by Joseph Bain, F.S.A. Scot, etc., vol.iv 1357–1509, Edinburgh, 1888, no.1564.
- ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah Walker, David M., The Oxford Companion to Law, Appendix I, list of Lords Justice-Clerk of Scotland from 1660, pp. 1342–1343.
- ^ Brown, KM. "Act rescinding the forfeiture of Sir George Campbell of Cessnock". The Records of the Parliaments of Scotland to 1707. Retrieved 22 July 2018.
- ^ "No. 15820". The Edinburgh Gazette. 13 June 1941. p. 305.
- ^ "No. 16416". The Edinburgh Gazette. 28 February 1947. p. 79.
- ^ "No. 16481". The Edinburgh Gazette. 14 October 1947. p. 427.
- ^ "No. 18072". The Edinburgh Gazette. 25 September 1962. p. 583.
- ^ "No. 19165". The Edinburgh Gazette. 22 December 1972. p. 1157.
- ^ a b "Scottish Judicial Appointments" (Press release). Number10.gov.uk. 13 November 2001. Archived from the original on 17 January 2004. Retrieved 15 August 2012.
- ^ "Appointment of Lord Justice Clerk" (Press release). The Scottish Government. 15 August 2012. Archived from the original on 17 August 2012. Retrieved 15 August 2012.
- ^ "Appointment of Lord Justice Clerk". Scottish Courts and Tribunals (Press release). 13 April 2016. Retrieved 5 June 2016.
- For listings to 1637 (may be wanting) refer to The Staggering State of the Scots' Statesmen, by Sir John Scot of Scotstarvet, Director of Chancery, Edinburgh, 1754, p. 183.
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