Puisne judge
Template:Short description Template:Use dmy dates
Puisne judge and puisne justice (Template:IPAc-en) are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, Script error: No such module "Lang". (since, later) and Script error: No such module "Lang". (born) which have been combined as Template:Langx or Script error: No such module "Lang".; meaning "junior".[1][2][3]
Use
The term is used almost exclusively in common law jurisdictions: the jurisdiction of England and Wales within the United Kingdom; Australia, including its states and territories; Canada, including its provinces and territories; India, including its states and territories; Pakistan, its provinces, and Azad Kashmir; the British Overseas Territory of Gibraltar; Kenya; Sri Lanka; South Africa in rural provinces and Hong Kong. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge".[4]
Use is rare outside of, usually internal, court (judicial) procedural decisions as to which Template:Not a typo will sit or has sat in hearings or appeals. The term is dated in detailed, academic case law analyses and, to varying degree direct applicability in higher courts.[4]Script error: No such module "Unsubst".Script error: No such module "Unsubst".
The term excludes the court's chief Template:Not a typo/Template:Not a typo; any seniormost judges, often specialists or a managerial head, sitting ex officio (by virtue of their office) as such in the court for which they have duties below; and any technically junior judges who may have been called to serve in a higher court, whom law reports and transcripts customarily specify as "sitting in" a judicial panel of a higher court or "sitting as" a judge of that court.
By jurisdiction
Bermuda
In Bermuda, the Supreme Court comprises the Chief Justice and a number of puisne judges.[5] As of January 2020, there are three puisne judges, with a vacancy for a fourth.[6] New puisne judges are appointed by the Governor following a consultation with the Chief Justice.[7]
Canada
In Canada judges other than the chief justice of a court are referred to as puisne judges.[8][9]
Fiji
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Gibraltar
In Gibraltar, puisne judges, of which there must be at least one, are responsible for family law proceedings in the Supreme Court.[10]
Jamaica
In Jamaica, the Supreme Court comprises the Chief Justice, and between 25 and 41 puisne judges, one of whom is designated the Senior Puisne Judge.[11]
Mauritius
In Mauritius, the Supreme Court comprises the Chief Justice, the Senior Puisne Judge, and 20 other puisne judges.[12]
United Kingdom
England and Wales
In England and Wales, judges of the High Court are referred to as puisne judges, unless the judge in question holds a specific title, such as Lord Chief Justice.[13][14] Puisne judges must have at least seven years' experience as a barrister, or at least two years' experience as a circuit judge.[15] The maximum number of puisne judges permitted in England and Wales at any one time is the full-time equivalent of 108.[16]
Puisne judges are styled as The Honourable Mr/Mrs/Ms Justice [surname].[13]
Northern Ireland
In Northern Ireland, judges of the High Court are referred to as puisne judges, with the exception of the Lord Chief Justice.[17] The maximum number of puisne judges permitted in Northern Ireland at any one time is 15.[18]
Puisne judges are styled as The Honourable Mr/Mrs/Madam Justice [surname].[19]
See also
References
External links
- Puisne Judge's Office (archived 19 April 2015)
- Puisne judges of the Bombay High Court (archived 12 December 2010)
- ↑ Template:Cite American Heritage Dictionary
- ↑ Script error: No such module "citation/CS1".
- ↑ Template:Cite dictionary
- ↑ a b Script error: No such module "citation/CS1".
- ↑ Bermuda Constitution Order 1968, section 73(2)
- ↑ Script error: No such module "citation/CS1".
- ↑ Bermuda Constitution Order 1968, section 73(4)
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Supreme Court Act, section 12A(1)
- ↑ Judicature (Supreme Court) Act, section 5(1)
- ↑ Script error: No such module "citation/CS1".
- ↑ a b Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Script error: No such module "citation/CS1".
- ↑ Senior Courts Act 1981, section 4(1)(e) (as amended)
- ↑ Judicature (Northern Ireland) Act 1978, section 2(1)
- ↑ The Maximum Number of Judges Order (Northern Ireland) 2020, article 2
- ↑ Script error: No such module "citation/CS1".