Puisne Justice

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 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 possession 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".

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'' (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.

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 pronunciation since the middle of the 20th century).

By jurisdiction

Bermuda

In Bermuda, the Supreme Court 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 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 proceedings in the Supreme Court.

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.

Mauritius

In Mauritius, the Supreme Court 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. Puisne judges must have at least seven years' experience as a barrister, 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 of 108.

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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 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 is used by the United States Supreme Court,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

References

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External links

Puisne Judge’s Office



Judges
Legal professions