Puisne judge

'''Puisne judge''' and '''puisne justice''' ({{IPAc-en|ˈ|p|juː|n|i}}) 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, {{lang|fr|puis}} (since, later) and {{lang|fr|né}} (born) which have been combined as {{langx|fr|puisné}} or {{lang|fr|puîné}}; meaning "junior".<ref>{{Cite American Heritage Dictionary|puisne}}</ref><ref>{{Cite web|last=|first=|date=|title=Puisne|url=https://www.lexico.com/definition/puisne|url-status=live|archive-url=https://web.archive.org/web/20200323203329/https://www.lexico.com/definition/puisne|archive-date=March 23, 2020|access-date=2021-01-15|website=Lexico Dictionaries|publisher=Oxford University Press|language=en}}</ref><ref>{{cite dictionary |url=https://www.etymonline.com/word/puisne |dictionary=Online Etymology Dictionary |title=puisne (adj.)}}</ref>

==Use== The term is used almost exclusively in [[common law]] jurisdictions: the [[England and Wales|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 Overseas Territory]] of [[Gibraltar]]; [[Kenya]]; [[Sri Lanka]]; [[South Africa]] in rural provinces and [[Law of Hong Kong|Hong Kong]]. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge".<ref name="aus">{{Cite web|url=http://www.austlii.edu.au/au/legis/wa/consol_reg/rotsc1971281/s5.10.html|title=Rules of the Supreme Court of Western Australia 1971|website=Australian Legal Information Institute|archive-url=https://web.archive.org/web/20180107175000/http://www.austlii.edu.au/au/legis/wa/consol_reg/rotsc1971281/s5.10.html|archive-date=2018-01-07|url-status=dead|access-date=July 13, 2017}}</ref>

Use is rare outside of, usually internal, court (judicial) procedural decisions as to which {{Not a typo|judge(s)}} 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.<ref name=aus/>{{Failed verification|date=January 2024}}{{citation needed|date=January 2024}}

The term excludes the court's chief {{Not a typo|judge(s)}}/{{Not a typo|justice(s)}}; 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 report]]s 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]], the [[Law of Bermuda|Supreme Court]] comprises the [[Chief Justice of Bermuda|Chief Justice]] and a number of puisne judges.<ref>Bermuda Constitution Order 1968, section 73(2)</ref> As of January 2020, there are three puisne judges, with a vacancy for a fourth.<ref>{{Cite web|last=|first=|date=14 February 2020|title=The Bermuda Judiciary Annual Report 2019|url=https://www.gov.bm/sites/default/files/The-Bermuda-Judiciary-Annual-Report-2019.pdf|access-date=2021-01-16|website=Supreme Court|publisher=Government of Bermuda|page=62}}</ref> New puisne judges are appointed by the [[Governor of Bermuda|Governor]] following a consultation with the Chief Justice.<ref>Bermuda Constitution Order 1968, section 73(4)</ref>

===Canada=== In Canada judges other than the chief justice of a court are referred to as puisne judges.<ref>{{cite web|url=https://laws-lois.justice.gc.ca/eng/acts/J-1/FullText.html|access-date=2021-07-08|title=Judges Act|publisher=Department of Justice, Canada|date=2021-06-16}}</ref><ref>{{cite web|url=https://www.cbc.ca/news/politics/meet-the-judges-supreme-court-1.3809008|access-date=2021-07-08|date=2016-10-17|title=Canada's Supreme Court: Meet the judges|publisher=CBC News}}</ref>

=== Fiji === {{Main|Puisne judge of Fiji}}

=== Gibraltar === In Gibraltar, puisne judges, of which there must be at least one, are responsible for [[family law]] proceedings in the [[Judiciary of Gibraltar|Supreme Court]].<ref>Supreme Court Act, section 12A(1)</ref>

=== Jamaica === In [[Jamaica]], the [[Judiciary of Jamaica|Supreme Court]] comprises the [[Chief Justice of Jamaica|Chief Justice]], and between 25 and 41 puisne judges, one of whom is designated the Senior Puisne Judge.<ref>Judicature (Supreme Court) Act, section 5(1)</ref>

=== Mauritius === In [[Mauritius]], the [[Supreme Court of Mauritius|Supreme Court]] comprises the Chief Justice, the Senior Puisne Judge, and 20 other puisne judges.<ref>{{Cite web|title=Supreme Court|url=https://supremecourt.govmu.org/Pages/Supreme-Court.aspx|access-date=2021-01-16|website=supremecourt.govmu.org}}</ref>

=== United Kingdom ===

==== England and Wales ==== In England and Wales, judges of the [[High Court of Justice|High Court]] are referred to as puisne judges, unless the judge in question holds a specific title, such as [[Lord Chief Justice of England and Wales|Lord Chief Justice]].<ref name=":0">{{Cite book|last1=Holland|first1=James|title=Learning Legal Rules|last2=Webb|first2=Julian|publisher=Oxford University Press|year=2019|isbn=978-0-19-879990-0|edition=Tenth|location=Oxford, United Kingdom|pages=20|oclc=1108710547}}</ref><ref>{{Cite web|title=High Court judges|url=https://www.judiciary.uk/about-the-judiciary/who-are-the-judiciary/judicial-roles/judges/high-court-judges/|access-date=2021-01-15|website=www.judiciary.uk|language=en-US}}</ref> Puisne judges must have at least seven years' experience as a [[Barristers in England and Wales|barrister]], or at least two years' experience as a [[Circuit judge (England and Wales)|circuit judge]].<ref>{{Cite book|last=|first=|title=A Dictionary of Law|publisher=Oxford University Press|year=2018|isbn=978-0-19-184080-7|editor-last=Law|editor-first=Jonathan|edition=Ninth|location=Oxford, United Kingdom|pages=457|chapter=Puisne judge|oclc=1043882876}}</ref> The maximum number of puisne judges permitted in England and Wales at any one time is the [[full-time equivalent]] of 108.<ref>Senior Courts Act 1981, section 4(1)(e) (as amended)</ref>

Puisne judges are styled as [[The Honourable]] Mr/Mrs/Ms Justice [<nowiki/>[[surname]]].<ref name=":0" />

==== 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]].<ref>Judicature (Northern Ireland) Act 1978, section 2(1)</ref> The maximum number of puisne judges permitted in Northern Ireland at any one time is 15.<ref>The Maximum Number of Judges Order (Northern Ireland) 2020, article 2</ref>

Puisne judges are styled as The Honourable Mr/Mrs/Madam Justice [surname].<ref>{{Cite web|title=Judiciary of Northern Ireland|url=https://www.judiciaryni.uk/about-judiciary/judicial-members|access-date=2021-01-15|website=Judiciary NI|language=en}}</ref>

==See also== * [[Puisne]]

==References== {{reflist}}

== External links == * [https://web.archive.org/web/20150419194955/http://scc-csc.gc.ca/vis/image-eng.aspx?id=gal-po-bp-1 Puisne Judge's Office] (archived 19 April 2015) * [https://web.archive.org/web/20101212225655/http://bombayhighcourt.nic.in/libweb/bhcjudges/bhcjudges.html Puisne judges of the Bombay High Court] (archived 12 December 2010)

[[Category:Judges]] [[Category:Legal professions]]