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Puisne judge and puisne justice () are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words, (since, later) and (born) which have been combined as or ; meaning "junior".


Use

The term is used almost exclusively in
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: 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 Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
;
Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, including its states and territories;
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, including its provinces and territories;
India India, officially the Republic of India, is a country in South Asia. It is the List of countries and dependencies by area, seventh-largest country by area; the List of countries by population (United Nations), most populous country since ...
, including its states and territories;
Pakistan Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the List of countries and dependencies by population, fifth-most populous country, with a population of over 241.5 million, having the Islam by country# ...
, its provinces, and Azad Kashmir; the
British Overseas Territory The British Overseas Territories (BOTs) or alternatively referred to as the United Kingdom Overseas Territories (UKOTs) are the fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom that, ...
of
Gibraltar Gibraltar ( , ) is a British Overseas Territories, British Overseas Territory and British overseas cities, city located at the southern tip of the Iberian Peninsula, on the Bay of Gibraltar, near the exit of the Mediterranean Sea into the A ...
;
Kenya Kenya, officially the Republic of Kenya, is a country located in East Africa. With an estimated population of more than 52.4 million as of mid-2024, Kenya is the 27th-most-populous country in the world and the 7th most populous in Africa. ...
;
Sri Lanka Sri Lanka, officially the Democratic Socialist Republic of Sri Lanka, also known historically as Ceylon, is an island country in South Asia. It lies in the Indian Ocean, southwest of the Bay of Bengal, separated from the Indian subcontinent, ...
;
South Africa South Africa, officially the Republic of South Africa (RSA), is the Southern Africa, southernmost country in Africa. Its Provinces of South Africa, nine provinces are bounded to the south by of coastline that stretches along the Atlantic O ...
in rural provinces and
Hong Kong Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the wor ...
. 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, or 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 r ...
'' (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.


By jurisdiction


Bermuda

In
Bermuda Bermuda is a British Overseas Territories, British Overseas Territory in the Atlantic Ocean, North Atlantic Ocean. The closest land outside the territory is in the American state of North Carolina, about to the west-northwest. Bermuda is an ...
, the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. 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 politician, administrative leader and head of a polity or Region#Political regions, political region, in some cases, such as governor-general, governors-general, as the head of a state's official representative. Depending on the ...
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 In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
.


Jamaica

In
Jamaica Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the is ...
, the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. 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, officially the Republic of Mauritius, is an island country in the Indian Ocean, about off the southeastern coast of East Africa, east of Madagascar. It includes the main island (also called Mauritius), as well as Rodrigues, Ag ...
, the
Supreme Court In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. 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. Puisne judges must have at least seven years' experience 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 ...
, 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 of measurement that indicates the workload of an employed person (or student) in a way that makes workloads or class loads comparable across various contexts. FTE is often use ...
of 108. Puisne judges are styled as
The Honourable ''The Honourable'' (Commonwealth English) or ''The Honorable'' (American English; American and British English spelling differences#-our, -or, see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific Style ...
Mr/Mrs/Ms Justice 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


See also

* Puisne


References

{{reflist


External links


Puisne Judge's Office
(archived 19 April 2015)

(archived 12 December 2010) Judges Legal professions