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A bencher or Master of the Bench is a senior member of an
Inn of Court The Inns of Court in London are the professional associations for barristers in England and Wales. There are four Inns of Court – Gray's Inn, Lincoln's Inn, Inner Temple and Middle Temple. All barristers must belong to one of them. They ...
in
England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is En ...
or the Inns of Court in Northern Ireland, or the Honorable Society of King's Inns in
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
. Benchers hold office for life once elected. A bencher can be elected while still 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 givin ...
(usually, but not always,
King's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...
in the UK or Senior Counsel in Ireland), in recognition of the contribution that the barrister has made to the life of the Inn or to the law. Others become benchers as a matter of course when appointed as a High Court judge. The Inn may elect non-members as honorary benchers – for example, distinguished judges and lawyers from other countries, eminent non-lawyers or (in the English Inns) members of the British Royal Family, who become known as "Royal Benchers" once elected. One member of each Inn is the
Treasurer A treasurer is the person responsible for running the treasury of an organization. The significant core functions of a corporate treasurer include cash and liquidity management, risk management, and corporate finance. Government The treasury ...
, a position which is held for one year only. While succession to the post of Treasurer was once dependent purely on seniority (or '' auncienty''), this is no longer the case. The Treasurer is now elected. Two Readers are also elected each year.


Etymology

Historically, the most junior student barristers were only permitted to watch
moot court Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase " ...
trials and stood within the
bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar ( ...
of the moot courtroom. More qualified barristers (known in England as "outer" or "utter" barristers) were permitted to join the argument and stood outside the bar. The most senior barristers were permitted to sit on the bench at moots. This third class of barristers became known as "Benchers" or "Masters of the Bench".


Powers and duties

The practices and regulations vary from Inn to Inn, but the benchers are the ultimate governing body of the relevant Inn. The benchers govern the finances of the Inn, and they alone have the authority to admit students, to call students to the bar, and to elect other benchers. Today, the benchers of the four English Inns have common standards agreed with the Bar Council. They have the formal power to discipline members of their Inn by suspending or expelling them from membership of the Inn, and by disbarring them. Disciplinary functions are now shared with the Council of the Inns of Court, the
Bar Standards Board The Bar Standards Board regulates barristers in England and Wales for the public interest. It is responsible for: * Setting standards of conduct for barristers and authorising barristers to practise; * Monitoring the service provided by barrist ...
and its Complaints Committee (formerly known as the Professional Conduct and Complaints Committee).


Canadian usage

The terms ''bencher'' and ''treasurer'' are in use by the legal profession in Canada. A bencher in the Canadian context is a member of the
board of directors A board of directors (commonly referred simply as the board) is an executive committee that jointly supervises the activities of an organization, which can be either a for-profit or a nonprofit organization such as a business, nonprofit orga ...
of a provincial law society. Most benchers are lawyers, but in some provinces there are also lay benchers who represent the public interest. In some provinces the head of the board is known as the ''treasurer''. Paralegals are also elected as benchers, in those provinces where law societies govern their profession.


See also

*
Bench (law) Bench used in a legal context can have several meanings. First, it can simply indicate the location in a courtroom where a judge sits. Second, the term bench is a metonym used to describe members of the judiciary collectively, or the judges ...
*
Crossbencher A crossbencher is an independent or minor party member of some legislatures, such as the British House of Lords and the Parliament of Australia. They take their name from the crossbenches, between and perpendicular to the government and oppositi ...


References

{{Reflist *''
Halsbury's Laws of England ''Halsbury's Laws of England'' is a uniquely comprehensive encyclopaedia of law, and provides the only complete narrative statement of law in England and Wales. It has an alphabetised title scheme covering all areas of law, drawing on authoriti ...
'', Barristers, para.431


External links


Legal profession to 1850
from
Inner Temple The Honourable Society of the Inner Temple, commonly known as the Inner Temple, is one of the four Inns of Court and is a professional associations for barristers and judges. To be called to the Bar and practise as a barrister in England and ...

Benchers
at
Lincoln's Inn The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincol ...
Legal professions Bar of England and Wales