Lord Justice Clerk
Encyclopedia
The Lord Justice Clerk is the second most senior judge
in Scotland
, after the Lord President of the Court of Session
.
The holder has the title in both the Court of Session
and the High Court of Justiciary
and is in charge of the Second Division of Judges in the Court of Session. The office is one of the Great Officers of State
of Scotland.
, 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 time being spent dealing with civil and criminal appeals.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
, after the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
.
The holder has the title in both the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
and the High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
and is in charge of the Second Division of Judges in the Court of Session. The office is one of the Great Officers of State
Great Officer of State
In the United Kingdom, the Great Officers of State are traditional Crown ministers, who either inherit their positions or are appointed to exercise certain largely ceremonial functions. Separate Great Officers exist for England and Scotland, and formerly for Ireland...
of Scotland.
History
Originally clericus justiciarie or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord Clerk RegisterLord Clerk Register
The office of Lord Clerk Register is the oldest surviving Great Officer of State in Scotland, with origins in the 13th century.The Clerk-Register was from ancient times the principal Clerk in the kingdom, from whom all other clerks, whatever their government positions, and who were essentially his...
, 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
Privy Council of Scotland
The Privy Council of Scotland was a body that advised the King.In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of material on the political, administrative, economic and social affairs of Scotland...
in 1663 and the Lord Justice-Clerk became the effective head of the reformed High Court of Justiciary
High Court of Justiciary
The High Court of Justiciary is the supreme criminal court of Scotland.The High Court is both a court of first instance and a court of appeal. As a court of first instance, the High Court sits mainly in Parliament House, or in the former Sheriff Court building, in Edinburgh, but also sits from time...
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 time being spent dealing with civil and criminal appeals.
Office-holders
partial list- William de Camera - Justice-Clerk to David IIDavid II of ScotlandDavid II was King of Scots from 7 June 1329 until his death.-Early life:...
(1324-71) - Adam Forester
- 1426: James de Lawedre (d. after 1459)
- 1478: William Halket of Belsico
- 1491: Richard Lawson of Heirigs
- 1507: James Henderson of Fordel (k. Battle of Flodden 1513)
- 1513: James Wishhart of Pittarrow
- 1524: Nicholas Crawfurd of Oxengangs
- 1537: Adam OtterburnAdam OtterburnAdam Otterburn of Auldhame and Reidhall was a Scottish lawyer and diplomat. He was king's advocate to James V of Scotland and secretary to Mary of Guise and Regent Arran.-Servant to James V:...
of Reidhall - 1537: Thomas Scot of Pitgorn
- 1539: Thomas Bellenden of Auchole
- 1540: Henry Balneaves
- 1547: Sir John Bellenden of Auchnole & Broughton (d.1576)
- 1577: Sir Lewis Bellenden of Auchnole & Broughton (d.1591)
- 1591: Sir John Cockburn of Ormiston, Lord Ormiston (d.1623)
- 1625: Sir George Elphinston of Blythswood
- 1634: Sir James Carmichael of the Ilk
- 1637: Sir John Hamilton of Orbiston
- 1651: Sir Robert MorayRobert MoraySir Robert Moray was a Scottish soldier, statesman, diplomat, judge, spy, freemason and natural philosopher. He was well known to Charles I and Charles II, and the French cardinals Richelieu and Mazarin...
- 1663: Sir John Home, of Renton, Lord Renton
- 1671: Sir James Lockhart of Lee (d. 4 June 1674)
- 1674: Sir William Lockhart of LeeWilliam Lockhart of LeeSir William Lockhart of Lee , after fighting on the side of Charles I in the English Civil War, attached himself to Oliver Cromwell, whose niece he married, and who later appointed Lockhart commissioner for the administration of justice in Scotland in 1652...
- 1675: Sir Thomas Wallace of Craigie, Lord Craigie
- 1680: Richard Maitland, 4th Earl of LauderdaleRichard Maitland, 4th Earl of LauderdaleRichard Maitland, 4th Earl of Lauderdale was a Scottish politician.-Life:He was the eldest son of Charles Maitland, 3rd Earl of Lauderdale and his spouse Elizabeth Lauder. Before succeeding to the Lauderdale title, Richard Maitland was styled "of Over-Gogar", one of the Haltoun properties...
- 1684: Sir James Foulis of Colinton, Lord Colinton
- 1688: Sir John Dalrymple, 1st Earl of StairJohn Dalrymple, 1st Earl of StairJohn Dalrymple the Master of Stair was a Scottish noble who played a crucial role in the 1707 Treaty of Union between the Kingdom of Scotland and the Kingdom of England, that created the Kingdom of Great Britain....
- 1690: Sir Alexander (or George) Campbell of Cessnock, Lord Cessnock
- 1692: Sir Adam Cockburn of Ormiston, Lord Ormiston
- 1699: Sir John Maxwell of Pollok, Lord Pollok
- 1702: Roderick Mackenzie of Prestonhall, Lord Prestonhall
- 1704: Sir William Hamilton of Whitelaw, Lord Whitelaw
- 1705: Sir Adam Cockburn of Ormiston, Lord Ormiston
- 1710: Sir James Erskine, Lord Grange
- 1714: Sir Adam Cockburn of Ormiston, Lord Ormiston
- 1735: Andrew Fletcher, Lord MiltonAndrew Fletcher, Lord MiltonAndrew Fletcher, Lord Milton was a notable Scottish judge and Lord Justice Clerk.-Family:Andrew Fletcher was the son of Henry Fletcher of Saltoun by his spouse Margaret , daughter of Sir David Carnegie, 1st Baronet of Pittarow .-Career:Having been educated for the Bar,...
- 1748: Charles Erskine, Lord Tinwald
- 1763: Gilbert Eliot, Lord Minto
- 1766: Thomas Miller, Lord GlenleeThomas Miller, Lord GlenleeSir Thomas Miller, 1st Baronet , known as Lord Glenlee during his judicial service, was a Scottish politician and judge....
- 1787: Robert Macqueen, Lord BraxfieldRobert Macqueen, Lord BraxfieldRobert McQueen, Lord Braxfield was a Scottish lawyer and judge.McQueen was born near Lanark, son of John McQueen of Braxfield.He studied in Edinburgh and was called to the Bar in 1744. In 1759 he was appointed an Advocate Depute appearing for the Crown in prosecutions. He often appeared in more...
- 1799: David Rae, Lord EskgroveDavid Rae, Lord EskgroveSir David Rae, Lord Eskgrove, 1st Baronet was a Scottish judge.-Life:He was the son of David Rae of St Andrews, an episcopalian minister, by his wife Agnes, daughter of Sir David Forbes of Newhall...
- 1804: Charles Hope, Lord Granton
- 1811: David Boyle, Lord Boyle
- 1841: John HopeJohn Hope (Scottish judge)John Hope , Scottish judge, eldest son of Charles Hope, Lord President of the Court of Session, was born on 26 May 1794, and received some part of his education at the High School of Edinburgh....
- 1858: John Inglis, Lord GlencorseJohn Inglis, Lord GlencorseJohn Inglis, Lord Glencorse FRSE was a Scottish politician and judge. He was Lord President of the Court of Session ....
- 1867: George Patton, Lord GlenalmondGeorge Patton, Lord GlenalmondGeorge Patton, Lord Glenalmond was a Scottish politician and judge.He studied law at Edinburgh University. He studied at Glasgow University and Trinity College, Cambridge. He was Conservative Member of Parliament for Bridgwater, Somerset from 1865 to 1866...
- 1869: James Moncreiff, Lord MoncreiffJames Moncreiff, 1st Baron MoncreiffJames Moncreiff, 1st Baron Moncreiff FRSE , was a Scottish lawyer and politician.The son of Sir James Wellwood Moncreiff, 9th Baronet, a Scottish judge, he was educated at Edinburgh University and was admitted to the Faculty of Advocates in 1833.He was appointed Solicitor General for Scotland in...
- 1888: John Macdonald, Lord Kingsburgh
- 1915: Charles Dickson, Lord Dickson
- 1922: Robert Munro, Lord AlnessRobert Munro, 1st Baron AlnessRobert Munro, 1st Baron Alness GBE, PC, KC, DL was a Scottish lawyer, judge and Liberal politician. He served as Secretary for Scotland between 1916 and 1922 in David Lloyd George's coalition government and as Lord Justice Clerk between 1922 and 1933.-Background and education:Munro was born in...
- 1933: Craigie Aitchison, Lord Aitchison
- 1941: Thomas Cooper, Lord CooperThomas Cooper, 1st Baron Cooper of CulrossThomas Mackay Cooper, 1st Baron Cooper of Culross PC, KC was a Scottish politician, judge and historian.-Background and education:...
- 1947: George Thomson, Lord Thomson
- 1962: William Grant, Lord Grant
- 1972: John Wheatley, Baron Wheatley
- 1985: Donald Ross, Lord Ross
- 1997: William Cullen, Lord CullenWilliam Cullen, Baron Cullen of WhitekirkWilliam Douglas Cullen, Baron Cullen of Whitekirk, is one of the senior members of the Scottish judiciary. He formerly served as Lord Justice General and Lord President of the Court of Session, and was an additional Lord of Appeal in the House of Lords prior to the transfer of its judicial...
- 2001: Brian Gill, Lord GillBrian Gill, Lord GillBrian Gill, Lord Gill is Lord Justice Clerk of Scotland, the country's second most senior judge, and Chairman of the Board of Governors of the Royal Scottish Academy of Music and Drama. In February 2007 the Scottish Executive announced that Lord Gill was to head a review of Scotland's civil courts...