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A recorder is a judicial officer in
England and Wales England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, 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. Th ...
and some other
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
jurisdictions.


England and Wales

In the courts of England and Wales, the term ''recorder'' currently has two distinct meanings. The senior circuit judge of a borough or city is often awarded the title of "Honorary Recorder". However, "Recorder" is also used to denote a person who sits as a part-time circuit judge.


Historic office

In England and Wales, originally a recorder was a certain
magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judi ...
or
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
having criminal and civil jurisdiction within the
corporation A corporation or body corporate is an individual or a group of people, such as an association or company, that has been authorized by the State (polity), state to act as a single entity (a legal entity recognized by private and public law as ...
of a city or
borough A borough is an administrative division in various English language, English-speaking countries. In principle, the term ''borough'' designates a self-governing walled town, although in practice, official use of the term varies widely. History ...
. Such incorporated bodies were given the right by the Crown to appoint a recorder. He was a person with legal knowledge appointed by the mayor and
aldermen An alderman is a member of a municipal assembly or council in many jurisdictions founded upon English law with similar officials existing in the Netherlands (wethouder) and Belgium (schepen). The term may be titular, denoting a high-ranking membe ...
of the corporation to 'record' the proceedings of their courts and the customs of the borough or city. Such recordings were regarded as the highest evidence of fact. Typically, the appointment would be given to a senior and distinguished practitioner at the Bar, and it was, therefore, usually executed part-time only, by a person whose usual practice was as a barrister. It carried a great deal of prestige and power of patronage. The recorder of a borough was often entrusted by the mayor and corporation to nominate its Members of Parliament, as was the case with the
Recorder of Barnstaple The recorder of Barnstaple was a Recorder (judge), recorder, a form of senior judicial officer, usually an experienced barrister, within the jurisdiction of the Borough of Barnstaple in Devon. He was usually a member of the local North Devon heral ...
, who in 1545 nominated the two MPs to represent the Borough of Barnstaple. Eventually the recorder became the judge who sat alone, without lay magistrates, in the
quarter sessions The courts of quarter sessions or quarter sessions were local courts that were traditionally held at four set times each year in the Kingdom of England from 1388; they were extended to Wales following the Laws in Wales Act 1535. Scotland establ ...
held for each county borough, and for the larger boroughs which retained the right to hold their own
quarter sessions The courts of quarter sessions or quarter sessions were local courts that were traditionally held at four set times each year in the Kingdom of England from 1388; they were extended to Wales following the Laws in Wales Act 1535. Scotland establ ...
. In the cases where the defendant pleaded "not guilty", the recorder sat with a jury. The only survival today of the historic office is the
Recorder of London The recorder of London is an ancient legal office in the City of London. The recorder of London is the senior circuit judge at the Central Criminal Court (the Old Bailey), hearing trials of criminal offences. The recorder is appointed by the Cr ...
who is still appointed by the
Court of Aldermen The Court of Aldermen forms part of the senior governance of the City of London Corporation. It comprises twenty-five Aldermen of the City of London, presided over by the Lord Mayor (becoming senior Alderman during his or her year of office). ...
of the
Corporation of the City of London The City of London Corporation, officially and legally the Mayor and Commonalty and Citizens of the City of London, is the local authority of the City of London, the historic centre of London and the location of much of the United Kingdom's fi ...
and thereby becomes a member of that court. He is a senior circuit judge sitting at the Central Criminal Court (the
Old Bailey The Central Criminal Court of England and Wales, commonly referred to as the Old Bailey after the street on which it stands, is a criminal court building in central London, one of several that house the Crown Court of England and Wales. The s ...
).


Titular and honorific recorders

The ancient recorderships of England and Wales now form part of a system of honorary recorderships which are filled by the most senior full-time circuit judges. At each
Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...
centre, a particular judge is appointed "resident judge", leads the team of judges who sit there and provides the essential link between the judiciary and the administration. In the larger city court centres, the resident judge is usually a senior circuit judge who is recruited and appointed specifically to that post. An exception is the
Corporation of the City of London The City of London Corporation, officially and legally the Mayor and Commonalty and Citizens of the City of London, is the local authority of the City of London, the historic centre of London and the location of much of the United Kingdom's fi ...
which still follows ancient customs as stated above. In the many smaller towns and cities where the resident judge is not a senior circuit judge, the position is different. The resident judge is deployed specifically to that post by the Lord Chief Justice (with the concurrence of the Lord Chancellor) from the ranks of the circuit bench. They then hold office as resident judge for a set period, normally four years, although such appointments are renewable. Whilst the appointment of an honorary recorder has lain with the borough council since the
Courts Act 1971 The Courts Act 1971The citation of this act by this short title is authorised bsection 59(1)of this act. (c. 23) is an act of the Parliament of the United Kingdom, the purpose of which was to reform and modernise the courts system of England and ...
, in practice the resident judge is appointed as the honorary recorder. In a borough that is coincident with an ancient assize, the position is titular; that is, the resident judge is automatically entitled honorary recorder and continues to hold that title until their retirement from the post. In the case where the resident judge is a fixed-term appointment, it is expected that the city or borough council will appoint them as honorary recorder for the duration of their tenure as resident judge. Boroughs which had a power by charter to appoint a recorder before 1971, but which had no quarter sessions, have a preserved right to appoint anyone, including non-lawyers, as an honorary recorder, but an honorary recorder who is not a judge cannot sit as a judge in court or exercise any judicial functions. The procedure to be followed is that laid down by the
Lord Chief Justice The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...
in his "''Guidelines for the Appointment of Honorary Recorders''", which states that it has been the practice of most large city councils to appoint the resident judge to be honorary recorder of the city during his tenure of the office. Some new positions have been created since 1971, for example for the Borough of Redbridge. The appointment of an honorary recorder is made by the borough council concerned, and although it does not require the approval of a higher authority, the
Lord Chief Justice The Lord or Lady Chief Justice of England and Wales is the head of the judiciary of England and Wales and the president of the courts of England and Wales. Until 2005 the lord chief justice was the second-most senior judge of the English a ...
has let it be known that he would be pleased if boroughs considering making such an appointment would first consult the Senior Presiding Judge for England and Wales. Due to the reorganisation of courts, especially where local government reorganisation has occurred at the same time, some titles bestowed by one council may be held by the senior resident judge sitting in another borough; a prominent example is the Recorder of the
City of Westminster The City of Westminster is a London borough with City status in the United Kingdom, city status in Greater London, England. It is the site of the United Kingdom's Houses of Parliament and much of the British government. It contains a large par ...
who presides at the
Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...
situated in the
London Borough of Southwark The London Borough of Southwark ( ) in South London forms part of Inner London and is connected by bridges across the River Thames to the City of London and the London Borough of Tower Hamlets. It was created in 1965 when three smaller council ...
. The protocol of the use of the title is that it is customary for an honorary recorder, when sitting in the Crown Court in the city or town where he holds that office, to be described as such in the published court lists. This should not be done, however, when the judge is sitting in the Crown Court in another city or town, whether or not that city or town has an honorary recorder of its own. Honorary recorders who are also senior circuit judges are authorised by the Lord Chief Justice to wear red robes when sitting in court. These robes are based on the design of the robes worn by judges of the County Court, but in red and black. They were designed for the recorders of Manchester and Liverpool in 1956. The right to wear them in court was extended in the 1980s to the other senior circuit judges appointed as honorary recorders, but has not been extended to those who are not senior circuit judges. Accordingly, when sitting in court, honorary recorders who are not senior circuit judges continue to wear the normal robes of a circuit judge sitting in the Crown Court. In addition, honorary recorders who are also senior circuit judges are addressed in court as "My Lord/Lady" (as for a High Court Judge) instead of "Your Honour" (as for other circuit judges, including senior circuit judges who are not honorary recorders). In the law reports and in court lists an honorary recorder is usually styled "The Recorder of X".


Recorders as part-time appointments

Since 1971 the term "recorder" has also been used for a part-time judicial appointment in England and Wales, providing part-time experience in judicial office. The part-time appointees were initially designated "Assistant Recorder", with a view to promotion to full "recorder". Appointments are no longer made to the position of Assistant Recorder. Appointments are made by
the Crown The Crown is a political concept used in Commonwealth realms. Depending on the context used, it generally refers to the entirety of the State (polity), state (or in federal realms, the relevant level of government in that state), the executive ...
by Royal Warrant, on the recommendation of the Lord Chancellor. Since 2006 the Lord Chancellor's recommendations are based upon an independent appointments process by the
Judicial Appointments Commission The Judicial Appointments Commission (JAC) is an independent commission that selects candidates for judicial office in courts and tribunals in England and Wales and for some tribunals whose jurisdiction extends to Scotland or Northern Ireland. ...
. Eligibility is restricted to
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
s,
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
s or Chartered Legal Executives of at least seven years' standing. A recorder, when acting as such, has all the powers of a circuit judge and may sit in the
Crown Court The Crown Court is the criminal trial court, court of first instance in England and Wales responsible for hearing all indictable offences, some Hybrid offence, either way offences and appeals of the decisions of magistrates' courts. It is ...
, the County Court or the
Family Court Family courts were originally created to be a Court of Equity convened to decide matters and make orders in relation to family law, including custody of children, and could disregard certain legal requirements as long as the petitioner/plaintif ...
. A recorder sitting in the Crown, County or Family Court is addressed as "Your Honour" (save in the Central Criminal Court (or Old Bailey) where all judges are addressed as " My Lord (or Lady)"). If appointed to do so under section 9(1) of the
Senior Courts Act 1981 The Senior Courts Act 1981 (c. 54), originally named the Supreme Court Act 1981, is an act of the Parliament of the United Kingdom. The act prescribes the structure and jurisdictions of the Senior Courts of England and Wales (previously know ...
, a recorder may sit as a part-time High Court judge. A recorder is paid a daily fee and is expected to sit as a judge for between three and six weeks a year.


In other jurisdictions


Ireland and Northern Ireland

The Recorder of Dublin was the principal magistrate for the city of
Dublin Dublin is the capital and largest city of Republic of Ireland, Ireland. Situated on Dublin Bay at the mouth of the River Liffey, it is in the Provinces of Ireland, province of Leinster, and is bordered on the south by the Dublin Mountains, pa ...
until the office was abolished in 1924. The judicial offices of
Recorder of Belfast The Recorder of Belfast is one of the two senior County Court judges of Northern Ireland known as Recorders, the other being the Recorder of Derry. The County Court judges in Northern Ireland are senior judicial officers, hearing civil actions, ...
and Recorder of
Derry Derry, officially Londonderry, is the second-largest City status in the United Kingdom, city in Northern Ireland, and the fifth-largest on the island of Ireland. Located in County Londonderry, the city now covers both banks of the River Fo ...
still exist. There were also, prior to 1924, a Recorder of Cork and Recorders of Limerick (although this office seems to have lapsed about 1840), Youghal, Galway, Enniskillen,
Carrickfergus Carrickfergus ( , meaning " Fergus' rock") is a large town in County Antrim, Northern Ireland. It sits on the north shore of Belfast Lough, from Belfast. The town had a population of 28,141 at the 2021 census. It is County Antrim's oldest t ...
,
Kinsale Kinsale ( ; ) is a historic port and fishing town in County Cork, Ireland. Located approximately south of Cork (city), Cork City on the southeast coast near the Old Head of Kinsale, it sits at the mouth of the River Bandon, and has a populatio ...
, Dundalk, Waterford, Kilkenny, New Ross, Hillsborough, Cashel,
Clonakilty Clonakilty (; ), sometimes shortened to Clon, is a town in County Cork, Ireland. The town is at the head of the tidal Clonakilty Bay. The rural hinterland is used mainly for dairy farming. The town's population was 5,112 at the 2022 census. T ...
and Clonmel. Given the small population of some of these towns, the Recordership, which was often a right guaranteed to the townspeople by
royal charter A royal charter is a formal grant issued by a monarch under royal prerogative as letters patent. Historically, they have been used to promulgate public laws, the most famous example being the English Magna Carta (great charter) of 1215, but ...
, was in several cases, such as Kinsale and Clonakilty, a part-time office.


Hong Kong

Hong Kong operates a system of appointing part-time recorders similar to that in England and Wales. The recordership scheme was introduced in Hong Kong in 1994 to encourage experienced practitioners who are willing to sit as a High Court Judge for a few weeks every year, but are not prepared to commit themselves to a permanent, full-time appointment. It was intended to act as a more formal system of appointment compared to the more ad hoc nature of the appointment of Deputy High Court Judges. Recorders are practitioners in private practice (in practice, senior counsel) who are appointed by the
chief executive A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization. CEOs find roles in variou ...
on the recommendation of the independent
Judicial Officers Recommendation Commission The Judicial Officers Recommendation Commission (JORC, ) is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive A chief executive officer (CEO), also known as a chief executive or managing d ...
(JORC). The appointment is for a fixed term of a few years, during which the practitioner sits as a recorder hearing cases in the
Court of First Instance A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). ...
of the High Court for a few weeks in a year. Recorders may exercise all the jurisdiction, powers and privileges of a full-time judge of the Court of First Instance. The qualification for appointment as a recorder is the same as that for High Court judge: that is, having practised for at least 10 years as a
barrister A barrister is a type of lawyer in common law jurisdiction (area), jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include arguing cases in courts and tribunals, drafting legal pleadings, jurisprud ...
,
advocate An advocate is a professional in the field of law. List of country legal systems, Different countries and legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a ba ...
,
solicitor A solicitor is a lawyer who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and enabled to p ...
or
judicial officer A judicial officer is a person with the responsibilities and powers to facilitate, arbitrate, preside over, and make decisions and directions with regard to the application of the law. Judicial officers are typically categorized as judges, magis ...
in Hong Kong or another
common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...
jurisdiction. As of 1 April 2020, Recorders receive honoraria at a daily rate of HK$11,765.


United States and Canada

In some U.S. and Canadian jurisdictions, the Recorder's Court is a local court of limited jurisdiction, most often hearing
misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than admi ...
s, traffic violations, and other petty criminal offences. The
Recorder of New York City The recorder of New York City was a municipal officer of New York City from 1683 until 1907. He was at times a judge of the Court of General Sessions, the Court of Special Sessions, and the New York Court of Common Pleas; Vice-President of the Boa ...
was one of the judges of the Court of General Sessions (the local court of general jurisdiction on criminal cases) and presided over most murder trials in
New York City New York, often called New York City (NYC), is the most populous city in the United States, located at the southern tip of New York State on one of the world's largest natural harbors. The city comprises five boroughs, each coextensive w ...
. Historically, the City of
Detroit Detroit ( , ) is the List of municipalities in Michigan, most populous city in the U.S. state of Michigan. It is situated on the bank of the Detroit River across from Windsor, Ontario. It had a population of 639,111 at the 2020 United State ...
,
Michigan Michigan ( ) is a peninsular U.S. state, state in the Great Lakes region, Great Lakes region of the Upper Midwest, Upper Midwestern United States. It shares water and land boundaries with Minnesota to the northwest, Wisconsin to the west, ...
had a Recorder's Court, which has now been subsumed as 36th District Court and part of Wayne County Circuit Court.


Biblical usage

In the biblical Kingdom of Israel, the recorder was the
chancellor Chancellor () is a title of various official positions in the governments of many countries. The original chancellors were the of Roman courts of justice—ushers, who sat at the (lattice work screens) of a basilica (court hall), which separa ...
or
vizier A vizier (; ; ) is a high-ranking political advisor or Minister (government), minister in the Near East. The Abbasids, Abbasid caliphs gave the title ''wazir'' to a minister formerly called ''katib'' (secretary), who was at first merely a help ...
of the kingdom. He brought all weighty matters under the notice of the king, such as complaints,
petition A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication. In the colloquial sense, a petition is a document addressed to an officia ...
s, and wishes of subjects or foreigners. He also drew up papers for the king's guidance, and prepared drafts of the royal will for the
scribe A scribe is a person who serves as a professional copyist, especially one who made copies of manuscripts before the invention of Printing press, automatic printing. The work of scribes can involve copying manuscripts and other texts as well as ...
s. All
treaties A treaty is a formal, legally binding written agreement between sovereign states and/or international organizations that is governed by international law. A treaty may also be known as an international agreement, protocol, covenant, convention ...
came under his oversight, and he had the care of the national
archives An archive is an accumulation of historical records or materials, in any medium, or the physical facility in which they are located. Archives contain primary source documents that have accumulated over the course of an individual or organ ...
or records, to which, as royal historiographer, he added the current
annals Annals (, from , "year") are a concise history, historical record in which events are arranged chronology, chronologically, year by year, although the term is also used loosely for any historical record. Scope The nature of the distinction betw ...
of the kingdom.


See also

*
Recorder of deeds Recorder of deeds or deeds registry is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights ove ...


Notes


References

{{Reflist Legal professions Judiciary of England and Wales