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Appointment of new Lord Justice Clerk
20/06/2012
Following the appointment of Rt Hon Lord Gill as Lord President, the First Minister has established a selection panel to make recommendations for a new Lord Justice Clerk.
The appointment process has begun today and applications are invited by 4 July 2012.
The selection panel will interview short listed candidates and make a report to the First Minister with their recommendations shortly after that.
The selection panel membership will be chaired by Sir Muir Russell (Chair), Chair of the Judicial Appointments Board for Scotland and will also include Rt. Hon Lord Gill, Lord President; Elspeth MacArthur, Lay member of the Judicial Appointments Board for Scotland; and Hon Lady Dorrian - Senator (Outer House).
The office of Lord Justice Clerk is the second most senior judicial office in Scotland and the office holder is the President of the Second Division of the Inner House.
The procedure for appointing the Lord Justice Clerk is governed by sections 19 and 20 and Schedule 2 of the Judiciary and Courts (Scotland) Act 2008 and section 95 of the Scotland Act 1998.
The 2008 Act requires the First Minister to establish a selection panel. Once the panel makes their recommendations, it is for the First Minister to in turn make his nomination to the Prime Minister, who continues to recommend to Her Majesty the appointment of a person as Lord President. The First Minister must also consult with both the Lord President and the Lord Justice Clerk. In this case as the office of Lord Justice Clerk is vacant the consultation shall be with the most senior judge in the Inner House.
Sir Muir Russell was appointed as lay Chairing Member of the Judicial Appointments Board for Scotland in October 2008 for a period of three years and re-appointed in October 2011 for a further three years.
He was educated at the High School of Glasgow and Glasgow University, where he took a first class honours degree in Natural Philosophy. He was Permanent Secretary to the Scottish Executive from 1999 to 2003 and Principal of the University of Glasgow from 2003 to 2009.
The Rt Hon Lord Gill was appointed as a Lord President with effect from 11 June 2012. He was appointed a Judge in 1994 and Lord Justice Clerk in 2001.
Lord Gill is a graduate of the Universities of Glasgow and Edinburgh and lectured in the Faculty of Law of Edinburgh University before being admitted to the Faculty of Advocates in 1967. He was appointed Queen’s Counsel in 1981. He is Chairman of the Lands Valuation Appeal Court and was Chairman of the Scottish Law Commission from 1996 to 2001. In 2008, he was appointed by the UK and Scottish Governments to Chair the Public Inquiry into the fatal explosion in 2004 at the ICL factory in Glasgow. Lord Gill was also Chairman of the Scottish Civil Courts Review (2007-2009). He is Chairman of the Council of the Royal School of Church Music and a Fellow of the Royal Society of Edinburgh and a Fellow of the Royal Scottish Academy of Music and Drama. In 2011, Lord Gill was awarded a Papal Knighthood of the Order of St Gregory the Great.
Elspeth MacArthur is a lay member of the Judicial Appointments Board for Scotland. Her background is in human resources. She was Director of Human Resources at the University of Edinburgh until 2007. Ms MacArthur is also a member of the Board of Management at the John Wheatley College, Glasgow and a Director of the Scottish Community Development Centre. She is also a lay member of the Employment Tribunal (Scotland).
Hon Lady Dorrian was appointed as a Senator of the College of Justice in 2005, having served as a Temporary Judge since 2002.
Lady Dorrian is a graduate of the University of Aberdeen (LLB). She was admitted to the Faculty of Advocates in 1981 and was Standing Junior Counsel to the Health and Safety Executive and Commission between 1987 and 1994. She served as Advocate Depute between 1988 and 1991, and as Standing Junior to the Department of Energy between 1991 and 1994. Lady Dorrian was appointed Queen’s Counsel in 1994 and between 1997 and 2001 she was a member of the Criminal Injuries Compensation Board.
Eligibility for appointment as Lord President is open to:
- Serving Court of Session Judges;
- Sheriffs principal and sheriffs who have held continuous office for at least five years;
- Solicitors who have had rights of audience in both the Court of Session and the High Court of Justiciary for a continuous period for at least five years;
- Advocates of at least five years standing; and
- Writers of the Signet of 10 years’ standing who have passed an examination in civil law set by the Faculty of Advocates two years before appointment.
An application pack can be obtained from jill.clark@scotland.gsi.gov.uk.