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A puisne judge or puisne justice (; from french: puisné or ; , 'since, later' + , 'born', i.e. 'junior') is a dated term for an ordinary judge or a judge of lesser rank of a particular court.


Use

The term is used almost exclusively in
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...
jurisdictions: the jurisdiction of England and Wales within the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
;
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...
, including its states and territories;
Canada Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
, including its provinces and territories;
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
, including its states and territories;
Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a population of almost 24 ...
, its provinces, and
Azad Kashmir Azad Jammu and Kashmir (; ), abbreviated as AJK and colloquially referred to as simply Azad Kashmir, is a region administered by Pakistan as a nominally self-governing entitySee: * * * and constituting the western portion of the larger Ka ...
; the British possession of
Gibraltar ) , anthem = " God Save the King" , song = " Gibraltar Anthem" , image_map = Gibraltar location in Europe.svg , map_alt = Location of Gibraltar in Europe , map_caption = United Kingdom shown in pale green , mapsize = , image_map2 = Gib ...
;
Kenya ) , national_anthem = "Ee Mungu Nguvu Yetu"() , image_map = , map_caption = , image_map2 = , capital = Nairobi , coordinates = , largest_city = Nairobi , ...
;
Sri Lanka Sri Lanka (, ; si, ශ්‍රී ලංකා, Śrī Laṅkā, translit-std=ISO (); ta, இலங்கை, Ilaṅkai, translit-std=ISO ()), formerly known as Ceylon and officially the Democratic Socialist Republic of Sri Lanka, is an ...
;
South Africa South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
in rural provinces and
Hong Kong Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge". Use is rare outside of, usually internal, court (judicial) procedural decisions as to which 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. The term excludes the court's chief /; any seniormost judges, often specialists or a managerial head, sitting ''
ex officio An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
'' (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 A judicial panel is a set of judges who sit together to hear a cause of action, most frequently an appeal from a ruling of a trial court judge. Panels are used in contrast to single-judge appeals, and hearings, which involves all of the judges of ...
of a higher court or "sitting as" a judge of that court.


Etymology

''Puisne'' is a homophone of ''puny'' as well as that word's root, meaning weak or inferior in size. The spoken form holds a negative connotation, and the written avoided in all but the most technical of documents. It has been of scarce use outside of the judiciary themselves (who have preferred the
bowdlerised Expurgation, also known as bowdlerization, is a form of censorship that involves purging anything deemed noxious or offensive from an artistic work or other type of writing or media. The term ''bowdlerization'' is a pejorative term for the practi ...
pronunciation since the middle of the 20th century).


By jurisdiction


Bermuda

In
Bermuda ) , anthem = "God Save the King" , song_type = National song , song = " Hail to Bermuda" , image_map = , map_caption = , image_map2 = , mapsize2 = , map_caption2 = , subdivision_type = Sovereign state , subdivision_name = , e ...
, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
comprises the Chief Justice and a number of puisne judges. As of January 2020, there are three puisne judges, with a vacancy for a fourth. New puisne judges are appointed by the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
following a consultation with the Chief Justice.


Canada

In Canada judges other than the chief justice of a court are referred to as puisne judges.


Fiji


Gibraltar

In Gibraltar, puisne judges, of which there must be at least one, are responsible for
family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, ...
proceedings in the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
.


Jamaica

In
Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of His ...
, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
comprises the Chief Justice, and between 25 and 41 puisne judges, one of whom is designated the Senior Puisne Judge.


Mauritius

In
Mauritius Mauritius ( ; french: Maurice, link=no ; mfe, label=Mauritian Creole, Moris ), officially the Republic of Mauritius, is an island nation in the Indian Ocean about off the southeast coast of the African continent, east of Madagascar. It incl ...
, the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
comprises the Chief Justice, the Senior Puisne Judge, and 20 other puisne judges.


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 Lord is an appellation for a person or deity who has authority, control, or power over others, acting as a master, chief, or ruler. The appellation can also denote certain persons who hold a title of the peerage in the United Kingdom, or are ...
. Puisne judges must have at least seven years' experience as a
barrister A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and ...
, or at least two years' experience as a circuit judge. The maximum number of puisne judges permitted in England and Wales at any one time is the
full-time equivalent Full-time equivalent (FTE), or whole time equivalent (WTE), is a unit that indicates the workload of an employee, employed person (or student) in a way that makes workloads or class loads comparable across various contexts. FTE is often used to me ...
of 108. Puisne judges are styled as
The Honourable ''The Honourable'' (British English) or ''The Honorable'' (American English; see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific style that is used as a prefix before the names or titles of certain ...
Mr/Mrs/Ms Justice nowiki/>surname.html" ;"title="surname.html" ;"title="nowiki/>surname">nowiki/>surname">surname.html" ;"title="nowiki/>surname">nowiki/>surname


Northern Ireland

In Northern Ireland, judges of the Courts of Northern Ireland, High Court are referred to as puisne judges, with the exception of the Lord Chief Justice of Northern Ireland, Lord Chief Justice. The maximum number of puisne judges permitted in Northern Ireland at any one time is 15. Puisne judges are styled as The Honourable Mr/Mrs/Madam Justice urname


United States

The term is not currently used in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
including its 56 constituent states, territories or federal district — 51 of which are common law jurisdictions, and three of which are quasi-common law jurisdictions. Instead, the term
associate justice Associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state ...
is used by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
,28 U.S. Code § 1. and by most state and territorial high courts, where the term ''associate judge'' is also used widely.


See also

*
Puisne Puisne (; from Old French ''puisné'', modern ''puîné'', "later born, younger" (and thence, "inferior") from late Latin ''post-'', "after", and ''natus'', "born") is a legal term of art obsolete in many jurisdictions and, when current, used main ...


References

;References ;Notes {{reflist, group=n


External links


Puisne Judge’s Office


Judges Legal professions