Lord Justice Clerk

Lord Justice Clerk
Lord Justice Clerk
	Incumbent; Lady Dorrian; since 13 April 2016
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)

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

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

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]

References

^ 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.

[herald-dorrian-ljc-1] McArdle, Helen (13 April 2016). "Scotland appoints first female Lord Justice Clerk". The Herald. Retrieved 5 June 2016.

[:0-2] "Statement on retirement of Lord Justice Clerk". Law Society of Scotland. Retrieved 26 June 2024.

[3] 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.

[4] Reid, 1885, p.58.

[5] Calendar of Documents relating to Scotland by Joseph Bain, F.S.A. Scot, etc., vol.iv 1357–1509, Edinburgh, 1888, no.1564.

[Walker-6] ^ ^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.

[7] 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.

[gazette-1941-cooper-clerk-8] "No. 15820". The Edinburgh Gazette. 13 June 1941. p. 305.

[gazette-1947-moncrieff-clerk-9] "No. 16416". The Edinburgh Gazette. 28 February 1947. p. 79.

[gazette-1947-lord-j-clerk-10] "No. 16481". The Edinburgh Gazette. 14 October 1947. p. 427.

[gazette-1962-grant-senator-11] "No. 18072". The Edinburgh Gazette. 25 September 1962. p. 583.

[gazette-wheatley-ljc-12] "No. 19165". The Edinburgh Gazette. 22 December 1972. p. 1157.

[2001_appointment-13] "Scottish Judicial Appointments" (Press release). Number10.gov.uk. 13 November 2001. Archived from the original on 17 January 2004. Retrieved 15 August 2012.

[14] "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.

[scts-dorrian-ljc-15] "Appointment of Lord Justice Clerk". Scottish Courts and Tribunals (Press release). 13 April 2016. Retrieved 5 June 2016.

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v t e Court of Session
Head of the judiciary	Lord President of the Court of Session
Other judges	Lord Justice Clerk Senators of the College of Justice (Women • Historic) Lord Ordinary
Divisions	Inner House Outer House
Administration	Scottish Courts and Tribunals Service Office of the Accountant of Court Principal Clerk of Session and Justiciary Faculty of Advocates
Officers of Court	Advocates Solicitor-advocates Writers to the Signet Messengers-at-Arms
Officers of Court	Society of Solicitors in the Supreme Courts of Scotland Society of Writers to His Majesty's Signet
Buildings	Parliament House, Edinburgh

v t e High Court of Justiciary
Chief justice	Lord Justice General
Other judges	Lord Justice Clerk Lords Commissioners of Justiciary
Administration	Scottish Courts and Tribunals Service Principal Clerk of Session and Justiciary
Other Officers	Advocates Solicitor-advocates Writers to the Signet Society of Solicitors in the Supreme Courts of Scotland
Buildings	Justiciary Building, Edinburgh Justiciary Buildings, Glasgow

History

Officeholders

See also

References