Get Our Extension

Recorder (judge)

From Wikipedia, in a visual modern way

A recorder is a judicial officer in England and Wales and some other common law jurisdictions.

England and Wales

In the courts of England and Wales, the term recorder 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 or judge having criminal and civil jurisdiction within the corporation of a city or borough. 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 of the corporation to 'record' the proceedings of their courts and the customs of the borough or city.[1] Such recordings were regarded as the highest evidence of fact.[2] 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, who in 1545 nominated the two MPs to represent the Borough of Barnstaple.[3] The only survival today of the historic office is the Recorder of London who is still appointed by the Court of Aldermen of the Corporation of the City of London and thereby becomes a member of that court. He is a senior circuit judge sitting at the Central Criminal Court (the Old Bailey).

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 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 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, 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 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.[4]

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 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 who presides at the Crown Court situated in the London Borough of Southwark.

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.

Eleri Rees, the Recorder of Cardiff (red robes), at a ceremonial event with circuit judges (purple robes)
Eleri Rees, the Recorder of Cardiff (red robes), at a ceremonial event with circuit judges (purple robes)

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 of 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 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.

Eligibility is restricted to barristers or solicitors 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 County Court or the Family Court. 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, 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.

Discover more about England and Wales related topics

Circuit judge (England and Wales)

Circuit judge (England and Wales)

Circuit judges are judges in England and Wales who sit in the Crown Court, the County Court and some specialized sub-divisions of the High Court of Justice, such as the Technology and Construction Court. There are currently over 600 circuit judges throughout England and Wales.

Magistrate

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 judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

Judge

Judge

A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court.

Corporation

Corporation

A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity and recognized as such in law for certain purposes. Early incorporated entities were established by charter. Most jurisdictions now allow the creation of new corporations through registration. Corporations come in many different types but are usually divided by the law of the jurisdiction where they are chartered based on two aspects: by whether they can issue stock, or by whether they are formed to make a profit. Depending on the number of owners, a corporation can be classified as aggregate or sole.

Borough

Borough

A borough is an administrative division in various English-speaking countries. In principle, the term borough designates a self-governing walled town, although in practice, official use of the term varies widely.

Recorder of Barnstaple

Recorder of Barnstaple

The Recorder of Barnstaple was a 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 Devonshire gentry. The position of recorder of any borough 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 Sir Hugh I Pollard, Recorder of Barnstaple, who in 1545 nominated the two MP's to represent the Borough of Barnstaple. In the 19th century a recorder was the sole judge who presided at a Quarter Sessions of a Borough, a "Court of Record", and was a barrister of at least five years' standing. He fixed the dates of the Quarter Sessions at his own discretion "as long as he holds it once every quarter of a year", or more often if he deemed fit.

Barnstaple (UK Parliament constituency)

Barnstaple (UK Parliament constituency)

Barnstaple was a constituency centred on the town of Barnstaple in Devon, in the South West of England. It returned two Members of Parliament to the House of Commons of the Parliament of the United Kingdom until 1885, thereafter, one.

Court of Aldermen

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. The Court was originally responsible for the entire administration of the City, but most of its responsibilities were subsumed by the Court of Common Council in the fourteenth century. The Court of Aldermen meets nine times a year in the Aldermen's Court Room at Guildhall. The few remaining duties of the Court include approving people for Freedom of the City and approving the formation of new livery companies, appointing the Recorder of London and acting as the Verderers of Epping Forest.

Old Bailey

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 street outside follows the route of the ancient wall around the City of London, which was part of the fortification's bailey, hence the metonymic name.

List of honorary recorders

List of honorary recorders

This is a list of the current titular and honorary recorders in the Courts of England and Wales, together with the Crown Court venue at which they sit.

Crown Court

Crown Court

The Crown Court is the court of first instance of England and Wales responsible for hearing all indictable offences, some either way offences and appeals lied to it by the magistrates' courts. It is one of three Senior Courts of England and Wales.

Courts Act 1971

Courts Act 1971

The Courts Act 1971 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 Wales.

In other jurisdictions

Ireland and Northern Ireland

The Recorder of Dublin was the principal magistrate for the city of Dublin until the office was abolished in 1924. The judicial offices of Recorder of Belfast and Recorder of Derry still exist.[5] 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, Kinsale, Dundalk, Waterford, New Ross, Hillsborough, Cashel, Clonakilty and Clonmel.

Hong Kong

Hong Kong operates a system of appointing part-time recorders similar to that in England & 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.[6]

Recorders are practitioners in private practice (in practice, Senior Counsel) who are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC).[7] 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 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.[8]

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, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction.[9]

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 misdemeanors, traffic violations, and other petty criminal offenses. The Recorder of New York City 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. Historically, the City of Detroit, Michigan had a Recorder's Court, which has now been subsumed as 36th District Court and part of Wayne County Circuit Court.

Discover more about In other jurisdictions related topics

Dublin

Dublin

Dublin is the capital and largest city of Ireland. On a bay at the mouth of the River Liffey, it is in the province of Leinster, bordered on the south by the Dublin Mountains, a part of the Wicklow Mountains range. At the 2016 census it had a population of 1,173,179, while the preliminary results of the 2022 census recorded that County Dublin as a whole had a population of 1,450,701, and that the population of the Greater Dublin Area was over 2 million, or roughly 40% of the Republic of Ireland's total population.

Derry

Derry

Derry, officially Londonderry,(Irish: Doire), is the second-largest city in Northern Ireland and the fifth-largest city on the island of Ireland. The old walled city lies on the west bank of the River Foyle, which is spanned by two road bridges and one footbridge. The city now covers both banks.

High Court (Hong Kong)

High Court (Hong Kong)

The High Court of the Hong Kong Special Administrative Region is a part of the legal system of Hong Kong. It consists of the Court of Appeal and the Court of First Instance; it deals with criminal and civil cases which have risen beyond the lower courts. It is a superior court of record of unlimited civil and criminal jurisdiction. It was named the Supreme Court before 1997. Though previously named the Supreme Court, this Court has long been the local equivalent to the Senior Courts of England and Wales and has never been vested with the power of final adjudication.

Chief Executive of Hong Kong

Chief Executive of Hong Kong

The Chief Executive of the Hong Kong Special Administrative Region is the representative of the Hong Kong Special Administrative Region and head of the Government of Hong Kong. The position was created to replace the office of governor of Hong Kong, the representative of the monarch of the United Kingdom during British rule. The office, stipulated by the Hong Kong Basic Law, formally came into being on 1 July 1997 with the handover of Hong Kong from the United Kingdom to the People's Republic of China.

Judicial Officers Recommendation Commission

Judicial Officers Recommendation Commission

The Judicial Officers Recommendation Commission is a statutory body in Hong Kong responsible for advising and making recommendations to the Chief Executive on judicial appointments and related matters established after the Handover in accordance with the Judicial Officers Recommendation Commission Ordinance. According to Article 88 of the Basic Law, the Chief Executive shall appoint judges on the recommendation of the Commission, suggesting that she is not empowered to make appointments on her own accord.

Court of First Instance (Hong Kong)

Court of First Instance (Hong Kong)

The Court of First Instance is the lower court of the High Court of Hong Kong, the upper court being the Court of Appeal. Formerly the High Court of Justice of the Supreme Court of Hong Kong, it was renamed the Court of First Instance by the Basic Law after the transfer of sovereignty over Hong Kong from the United Kingdom to China.

Barrister

Barrister

A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching the law and giving expert legal opinions.

Advocate

Advocate

An advocate is a professional in the field of law. Different countries' legal systems use the term with somewhat differing meanings. The broad equivalent in many English law–based jurisdictions could be a barrister or a solicitor. However, in Scottish, Manx, South African, Italian, French, Spanish, Portuguese, Scandinavian, Polish, Israeli, South Asian and South American jurisdictions, "Advocate" indicates a lawyer of superior classification.

Judicial officer

Judicial officer

A judicial officer is a person with the responsibilities and powers to facilitate, arbitrate, preside over, and make decisions and directions in regard to the application of the law.

Common law

Common law

In law, common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.

Misdemeanor

Misdemeanor

A misdemeanor 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 administrative infractions and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service.

Detroit

Detroit

Detroit is the largest city in the U.S. state of Michigan. It is also the largest U.S. city on the United States–Canada border, and the seat of government of Wayne County. The City of Detroit had a population of 639,111 at the 2020 census, making it the 27th-most populous city in the United States. The metropolitan area, known as Metro Detroit, is home to 4.3 million people, making it the second-largest in the Midwest after the Chicago metropolitan area, and the 14th-largest in the United States. Regarded as a major cultural center, Detroit is known for its contributions to music, art, architecture and design, in addition to its historical automotive background. Time named Detroit as one of the fifty World's Greatest Places of 2022 to explore.

Biblical usage

In the biblical Kingdom of Israel, the recorder was the chancellor or vizier of the kingdom. He brought all weighty matters under the notice of the king, such as complaints, petitions, 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 scribes. All treaties came under his oversight, and he had the care of the national archives or records, to which, as royal historiographer, he added the current annals of the kingdom.[10]

Discover more about Biblical usage related topics

Kingdom of Israel (united monarchy)

Kingdom of Israel (united monarchy)

The United Monarchy is a political entity described in the deuteronomistic history of the Hebrew Bible as, under the reigns of Saul, David, and Solomon, encompassing the territories of both the later Kingdom of Judah and Samarian Kingdom of Israel. Whether the United Monarchy actually existed is a matter of ongoing academic debate, and scholars remain divided between those who support the historicity of the biblical narrative, those who doubt or dismiss it, and those who support the kingdom's theoretical existence while maintaining that the biblical narrative is exaggerated. Proponents of the kingdom's existence traditionally date it to between c. 1047 BCE and c. 930 BCE.

Chancellor

Chancellor

Chancellor is a title of various official positions in the governments of many nations. The original chancellors were the cancellarii of Roman courts of justice—ushers, who sat at the cancelli or lattice work screens of a basilica or law court, which separated the judge and counsel from the audience. A chancellor's office is called a chancellery or chancery. The word is now used in the titles of many various officers in various settings. Nowadays the term is most often used to describe:The head of the government A person in charge of foreign affairs A person with duties related to justice A person in charge of financial and economic issues The head of a university

Vizier

Vizier

A vizier, or wazir, is a high-ranking political advisor or minister in the near east. The Abbasid caliphs gave the title wazir to a minister formerly called katib (secretary), who was at first merely a helper but afterwards became the representative and successor of the dapir of the Sassanian kings.

Petition

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.

Scribe

Scribe

A scribe is a person who serves as a professional copyist, especially one who made copies of manuscripts before the invention of automatic printing.

Treaty

Treaty

A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations, precision, and delegation.

Annals

Annals

Annals are a concise historical record in which events are arranged chronologically, year by year, although the term is also used loosely for any historical record.

Source: "Recorder (judge)", Wikipedia, Wikimedia Foundation, (2022, October 17th), https://en.wikipedia.org/wiki/Recorder_(judge).

Enjoying Wikiz?

Enjoying Wikiz?

Get our FREE extension now!

References
  1. ^ Chisholm, Hugh, ed. (1911). "Recorder (legal officer)" . Encyclopædia Britannica. Vol. 22 (11th ed.). Cambridge University Press. p. 966.
  2. ^ Riley Munimenta Gildhallæ I. 42-3
  3. ^ Hawkyard, A. D. K. (1982). "George Rolle (d.1552)". In Bindoff, S. T. (ed.). The House of Commons 1509-1558. The History of Parliament Trust.
  4. ^ "Appointment of Honorary Recorder" (PDF). London Borough of Redbridge. 28 April 2009.
  5. ^ "Judiciary of Northern Ireland". Northern Ireland Courts and Tribunals Service. Archived from the original on 11 November 2016. Retrieved 17 February 2017.
  6. ^ http://www.legco.gov.hk/yr93-94/english/lc_sitg/hansard/h940706.pdf
  7. ^ Judicial Officers Recommendation Commission Ordinance (Cap. 92)
  8. ^ High Court Ordinance (Cap. 4), Section 6A(3)
  9. ^ High Court Ordinance (Cap. 4), Section 9
  10. ^ Easton, M. G. (1897). "Recorder". Illustrated Bible Dictionary. New York: Harper & Brothers. p. 575.

The content of this page is based on the Wikipedia article written by contributors..
The text is available under the Creative Commons Attribution-ShareAlike Licence & the media files are available under their respective licenses; additional terms may apply.
By using this site, you agree to the Terms of Use & Privacy Policy.
Wikipedia® is a registered trademark of the Wikimedia Foundation, Inc., a non-profit organization & is not affiliated to WikiZ.com.