Judges' posts to be advertised

The appointment process is to be made more open

The Scottish Executive has unveiled plans to publicly advertise posts for sheriffs and judges in an attempt to make the legal appointments process more open and accountable.

Justice Minister, Jim Wallace, said job advertisements could appear as early as next month under an interim scheme with the full system becoming operational later this year.

He said an independent Judicial Appointments Board - chaired by a lay member - would be set up to scrutinise candidates and recommend nominations for the bench to the first mMinister.

The plans have been backed by Strathclyde University Law Professor, Alan Paterson, who said they would address the problems of "transparency" which had existed for some time with judicial appointments.

Justice Minister, Jim Wallace: "modernising"

Mr Wallace said: "The present closed process of 'soundings', with a candidate 'emerging' is detached from public scrutiny and is wrong for a modern democracy.

"The time is right to open up that process."

Under the new system all new permanent and part-time appointments of Court of Session judges, sheriff principals and sheriffs will be advertised.

An independent Judicial Appointments Board containing a balance of lay and legal members and chaired by a senior non-legal figure will then vet the applicants.

After deliberations, the board will advise the first minister of its preferred candidate, together with a short list of other approved candidates in order of preference.

'Transparent system'

The first minister will then, as required by the Scotland Act, consult the lord president before making his recommendation to the Queen.

Although the new system aims to be more open and accountable, the board's proceedings will remain secret.

Only the names of successful candidates, which are given to the first minister, will be made public.

But Mr Wallace believes the new scheme will help bring the legal system into the 21st century.

Professor Alan Paterson: "delighted"

"We are modernising Scotland's justice system so that the public can have confidence in an open and transparent system. The appointment of judges is a key part of that approach," he said.

"It is right that the independent Judicial Appointments Board will be headed up by a lay-person.

"The judiciary serves the whole community. It must understand and be seen to understand that community."

Professor Alan Paterson of Strathclyde Law School said he was "delighted" with the new plans for judicial appointments.

"We welcome the establishment of this board which will address the major problems of accountability and transparency which have been apparent in the field over the years," he said.