Law of Jersey - Judiciary - Judicial Appointments Processes

Judicial Appointments Processes

The posts of Bailiff and Deputy Bailiff are Crown appointments, formally made by Her Majesty the Queen, on advice of the UK government's Secretary of State for Justice.

An appointment process has developed in recent years, without a legislative basis, for vacancies for the Deputy Bailiff, Attorney General for Jersey and Solicitor General for Jersey. This involves advertising for candidates and the preparation of a shortlist by a selection panel consisting of the Bailiff (in the chair), the senior Jurat and the chairman of the Jersey Appointments Commission. A process of consultation is then carried out, including the Jurats, the States Consultative Panel (which includes the Chief Minister), a number of elected members of the States, senior lawyers (the Bâtonnier, the President of the Law Society, the former President of the Law Society of Jersey and the President of the Chambre des Ecrivains), the other Crown Officers and the local Commissioner of the Royal Court. All candidates on the shortlist are then interviewed by the selection panel. A single name is then sent by the Lieutenant Governor to the Secretary of State for Justice.

This process has not been used for appointment to the office of Bailiff on the basis that "The Secretary of State has accepted that the position of Deputy Bailiff is a training ground for the position of Bailiff, and that, therefore, all things being equal, you would expect to move up, assuming of course that you have performed to everyone's satisfaction".

Jurats are elected by an electoral college consisting of the Bailiff, the Jurats, the Connétables, the elected members of the states, advocates and solicitors of the Royal Court. Voting is by secret ballot.

Commissioners of the Royal Court are appointed by the Bailiff for the hearing of a specified cause or matter or a specified term.

The Bailiff appoints the Magistrate and the Assistant Magistrate (who hold full-time salaried posts) and part-time Relief Magistrates (legal practitioners who carry out duties on a daily fee-paid basis). It is now normal for the Bailiff to convene a panel to advise on salaried appointments.

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