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Lord Justice Clerk

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A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges . In an adversarial system , the 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 .

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84-665: The Lord Justice Clerk is the second most senior judge in Scotland , after the Lord President of the Court of Session . The current Lord Justice Clerk is Leeona Dorrian, Lady Dorrian , who was appointed to the position on 13 April 2016. in June 2024 Lady Dorrian has announced her intention to retire from judicial office on 3 February 2025. In modern times, most judges appointed as Lord Justice Clerk later become Lord President of

168-620: A barrister 's wig (a Bench Wig) would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts. In Oman , the judge wears a long stripe (red, green white), while the attorneys wear the black gown. In Portugal and in the former Portuguese Empire , the judges used to carry a staff that was red for ordinary judges and white for the judges from the outside . In Hong Kong , court proceedings are conducted in either English or Hong Kong Cantonese (a dialect of Yue Chinese ). Judges of Hong Kong retain many of

252-434: A County Court bailiff, in that they execute writs and warrants for unpaid court judgements, and evict people from land where possession has been granted. The majority of the work of High Court enforcement officers is carried out by certificated enforcement agents acting under the authority of a senior High Court enforcement officer, often a director of an enforcement firm for whom the enforcement agent works. Another officer of

336-711: A bailiff suffered behaviour that broke the rules of the Ministry of Justice . These behaviours included bailiffs breaking and entering into homes and bailiffs not considering illnesses or disabilitiess. Almost 60% of those who interacted with a bailiff reported harassment or intimidation, misrepresentation of powers and threats to break into homes. 72% of respondents reported that interactions with bailiffs had impacted their mental health and 49% reported long-term financial consequences. Civilian enforcement officers are employees of His Majesty's Courts and Tribunals Service , and can seize and sell goods to recover money owed under

420-762: A court is addressed as tisztelt bíró úr , which means "Honourable Mister Judge" and a female presiding judge is addressed as tisztelt bírónő , which means "Honourable Madam Judge". The court as a body can be addressed as tisztelt bíróság , which means "Honourable Court". Judges of the Supreme Court , Court of Appeal , or High Court are officially titled The Honourable Mr/Mrs/Ms/Miss Justice Surname ( Irish : An Breitheamh Onórach Uasal [surname] ), and informally referred to for short as Mr/Mrs/Ms/Miss Justice Surname . In court, they are addressed either by their respective titles or styles, as The Court ( An Chúirt ), or simply Judge ( A Bhreithimh ). In law reports ,

504-521: A court of law and who also administers oaths to people who participate in court proceedings. Bailiff was the term used by the Normans for what the Saxons had called a reeve : the officer responsible for executing the decisions of a court. The duty of the bailiff would thus include serving summonses and orders, and executing all warrants issued out of the corresponding court. The district within which

588-433: A fine and community penalty notice, and also execute warrants of arrest , committal , detention and control (formally called distress or distraint ). These functions can also be carried out by employees of private companies authorised by the Ministry of Justice . In July 2013 HM Court Service announced it is to fully contract out the whole of the compliance and enforcement process to a private company; this would involve

672-464: A high salary, in the U.S. the median salary of judges is $ 101,690 per annum, and federal judges earn $ 208,000–$ 267,000 per annum. In many civil law countries in Europe the majority of judges are women: in 5 countries ( Slovenia , Latvia , Luxembourg , Greece and Hungary ) women make more that 70% of judges of the first instance. In contrast, in common law countries ( UK , Ireland , Malta and

756-489: A home farm managed by the bailiff, several smaller farms occupied by tenants and possibly a tiny village (a collection of small cottages) in which the farm labourers lived. The Epping Forest Act 1878 allows the conservators of the forest to appoint forest keepers, reeves and also bailiffs. These individuals may also be attested as a constable, although currently only forest keepers are sworn in. The forest currently has volunteer fishing bailiffs, who support forest keepers. As

840-416: A judge are checked by higher courts such as appeals courts and supreme courts. The court usually has three main legally trained court officials: the judge, the prosecutor and the defence attorney. The role of a judge can vary between legal systems. In an adversarial system (common law), as in effect in the U.S. and England, the judge functions as an impartial referee, mainly ensuring correct procedure, while

924-640: A judge might also be an examining magistrate . The presiding judge ensures that all court proceedings are lawful and orderly. The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial partialities. Judges exercise significant governmental power. They can order police, military or judicial officials to execute searches, arrests, imprisonments, garnishments, detainment, seizures, deportations and similar actions. However, judges also supervise that trial procedures are followed, in order to ensure consistency and impartiality and avoid arbitrariness. The powers of

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1008-445: A man or Meretíssima Juíza when a woman (meaning "Most Worthy Judge") or as Vossa Excelência ("Your Excellency") when not specifying gender. In Romania , judges during trial are addressed as Onorata Instanta (Your Honor). In Russia, Vasha Chest ( Russian : Ваша Честь , lit.   'Your Honour') is used for criminal cases only with the one judge presiding. For civil, commercial and criminal cases presided over by

1092-418: A number of jurisdictions government has contracted as bailiffs, persons or corporations who previously or concurrently conduct business as debt collectors and or process servers. Bailiffs were generally required to attend upon the sitting of their court to act as court orderlies, or ushers . The current trend favours use of specialist security businesses providing all aspects of security in courts. Nonetheless,

1176-573: A number of roles established by 19th century statute laws have also been named "bailiffs", despite not having a connection to a court. It has been estimated by Citizens Advice those bailiffs had added £250 million in fees to people's debts in the 18 months up to March 2023. The organisation surveyed 6,274 adults in England and Wales across a month-long period from February to March 2023 who had an interaction or interactions with bailiffs. According to Citizens Advice over 33% who had an interaction with

1260-685: A panel of judges the right address is Honorable Court . In Spain, magistrates of the Supreme Court, magistrates and judges are addressed to as "Your Lordship" ( Su Señoría ); however, in formal occasions, magistrates of the Supreme Court are addressed to as "Your Most Excellent Lordship" ( Vuestra Señoría Excelentísima or Excelentísimo Señor / Excelentísima Señora ); in those solemn occasions, magistrates of lower Courts are addressed as "Your Most Illustrious Lordship" ( Vuestra Señoría Ilustrísima or Ilustrísimo Señor / Ilustrísima Señora ); simple judges are always called "Your Lordship". In Sweden,

1344-458: A panel. In some civil law systems, this panel may include lay judges . Unlike professional judges, lay judges are not legally trained, but unlike jurors, lay judges are usually volunteers and may be politically appointed. Judges are often assisted by law clerks , referendaries and notaries in legal cases and by bailiffs or similar with security. There are both volunteer and professional judges. A volunteer judge, such as an English magistrate ,

1428-577: A political election. Impartiality is often considered important for rule of law . Thus, in many jurisdictions judges may be appointed for life, so that they cannot be removed by the executive. However, in non-democratic systems, the appointment of judges may be highly politicized and they often receive instructions on how to judge, and may be removed if their conduct does not please the political leadership. Judges must be able to research and process extensive lengths of documents, witness testimonies, and other case material, understand complex cases and possess

1512-484: A purely ceremonial role, the court's clerk liaising with under-bailiffs directly. The Law of Distress Amendment Act 1888 ( 51 & 52 Vict. c. 21) enacts that no person may act as an under-bailiff to levy any distress for rent unless he is authorized by a county court judge to act as an under-bailiff. The County Courts Act 1888 restricted the hours an under-bailiff could execute a possession warrant, to only be between 6 a.m. and 10 p.m. (§ 142). It also limited

1596-461: A suit. The officers who perform the role of "bailiff" vary by state. In some states, the role is filled by court officers who work for the judiciary. In other states, the role is filled by county sheriff 's deputies who are assigned to the court, state troopers , marshals , corrections officers or constables . The terminology varies among (and sometimes within) states. The same officers who serve as bailiffs typically have other duties in and around

1680-501: A thorough understanding of the law and legal procedure, which requires excellent skills in logical reasoning, analysis and decision-making. Excellent writing skills are also a necessity, given the finality and authority of the documents written. Judges work with people all the time; by the nature of the job, good dispute resolution and interpersonal skills are a necessity. Judges are required to have good moral character , i.e. there must be no history of crime. Professional judges often enjoy

1764-404: Is laamanni ( lawspeaker ). They are assisted by notaries ( notaari ), assessors ( asessori ) and referendaries ( viskaali ) who may sometimes even chair sessions. In appeals courts ( hovioikeus ) an ordinary judge has the title hovioikeudenneuvos , the chairman of a section is hovioikeudenlaamanni and the court is led by a presidentti . In the Supreme Court, judges are titled oikeusneuvos and

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1848-577: Is a manager, overseer or custodian – a legal officer to whom some degree of authority or jurisdiction is given. There are different kinds, and their offices and scope of duties vary. Another official sometimes referred to as a bailiff was the Vogt . In the Holy Roman Empire a similar function was performed by the Amtmann . They are mostly known for being the officer that keeps the order in

1932-419: Is illegal for a debt collector to call themselves a bailiff, if they are not – that is, if they are not a certified officer acting on a court order, they may not call themselves a bailiff . Debt collectors do not have the powers or authority of a bailiff. The officer appointed by a sheriff was also sometimes described as the sheriff's bailiff, on account of the similarity of the role. However, they are not

2016-614: Is in charge of the Second Division of Judges of the Inner House of the Court of Session. The office is one of the Great Officers of State of Scotland. Judge The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions . In some jurisdictions, the judge's powers may be shared with a jury . In inquisitorial systems of criminal investigation ,

2100-407: Is no special form of address; ordinary politeness is sufficient and the procedure lacks arcane rituals. Accordingly, the chairman of the panel is addressed as herra/rouva puheenjohtaja ("Mr./Ms. Chairman"). Finnish judges use gavels, but there are no robes or cloaks used in any Finnish courts. In a district court ( käräjäoikeus ), ordinary judges work with the title käräjätuomari and the chairman

2184-441: Is not required to have legal training and is unpaid. Whereas, a professional judge is required to be legally educated ; in the U.S., this generally requires a degree of Juris Doctor . Furthermore, significant professional experience is often required; for example, in the U.S., judges are often appointed from experienced attorneys . Judges are often appointed by the head of state . However in some jurisdictions, judges are elected in

2268-515: Is the judge, who will do the presiding, judging and sentencing on his own. As such, the judge is expected to apply the law directly, as in the French expression Le juge est la bouche de la loi ("The judge is the mouth of the law"). Furthermore, in some systems even investigations may be conducted by the judge, functioning as an examining magistrate. Judges may work alone in smaller cases, but in criminal, family and other significant cases, they work in

2352-535: The Bailiffs Act . Assistant bailiffs are similarly licensed, but must be supervised by a full bailiff. Bailiffs in this capacity assist others who have a right to exercise self-help to repossess or seize something, or to evict under a commercial (non-residential) tenancy. Bailiffs are agents of the person contracting their services, not government employees or peace officers, and are prohibited from carrying weapons or using force to seize goods or evict tenants. In

2436-789: The Chief Justice of Ireland has the postnominal CJ , the Presidents of the other Courts have the postnominal P , and all other judges J , e.g. Smith J . Judges of the Circuit Court are titled His/Her Honour Judge Surname and are addressed in Court as Judge . Before 2006, they were addressed as My Lord ( A thiarna ) . Judges of the District Court are titled Judge Surname and addressed in Court as Judge . Before 1991 these judges were known as District Justices and addressed as Your Worship ( d'Onóra ). In Italy,

2520-564: The County Court . The current frequency of different types of case means that they are mainly involved in recovering payment of unpaid County Court judgments ; like magistrates' bailiffs, they can seize and sell goods to recover a debt. They can also effect and supervise the possession of the property and the return of goods under hire purchase agreements, and serve court documents. They also execute arrest warrants and search warrants. A High Court enforcement officer has similar functions to

2604-585: The High Court of Justice ; in turn, the remaining elements of the shire court took over the powers of the hundred courts, to form county courts . The High Court acquired the sheriffs , the county courts the bailiffs. Bailiffs were now appointed by a county court judge and were removable by the Lord Chancellor . A bailiff could, for practical reasons, delegate his responsibilities, in regard to some particular court instruction, to other individuals. As

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2688-543: The Maryland Supreme Court wear distinct dress. In Italy and Portugal , both judges and lawyers wear particular black robes. In some countries, especially in the Commonwealth of Nations , judges wear wigs . The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to

2772-407: The Ministry of Correctional Services Act , while transporting prisoners, bailiffs have the powers of police constables . When necessary, Provincial correctional officers will act as bailiffs for short and long term assignments and full-time bailiffs are typically recruited from the correctional officer ranks. Provincial bailiffs are armed with expandable batons and pepper spray and operate under

2856-563: The Republic of Ireland , a bailiff ( Irish : báille ) is an official appointed by the Revenue Commissioners who is involved with the enforcement of judgments , including evictions and repossessions , and the collection of unpaid tax. A bailiff is subordinate to a sheriff . In Australia , a bailiff is an officer of a court exercising civil law jurisdiction who is charged with the duty and responsibility of executing

2940-564: The United States , the word bailiff colloquially means any officer who keeps order in the courtroom while a court of law is in session. A bailiff provides physical security, handles prisoners, guards the jury, performs a number of ancient traditional duties (such as ordering "All rise!" when the judge enters, escorting witnesses to the stand, etc.), and in some jurisdictions, they may assist the trial judge in administrative tasks like scheduling or communications between judges and parties to

3024-881: The Urdu equivalent Janab or Judge Sahab . In Sri Lanka , judges of most courts are addressed as Your Honour ; however, the Chief Justice is addressed as Your Lordship . Judges of the Supreme Court and the Appeal Court receives the title The Honourable . Judges in Vietnam are addressed as Quý tòa (literally the "Honorable Court"). In Bulgaria before 1989 during the communist regime, judges were addressed as drugarju ( Bulgarian : другарю , lit.   'comrade'). After 1989, gospodín sŭdiya (Bulgarian: господин съдия , lit.   'mister judge') or gospožo sŭdiya (Bulgarian: госпожо съдия , lit.   'madam judge'). There

3108-489: The local authority as an administrative body. However, the term bailie is still used as an honorary title by Glasgow City Council for a number of senior councilors who can deputise for the Lord Provost . The Scottish equivalent of a sheriff's bailiff or high bailiff is the sheriff officer (for the sheriff court ) or the messenger-at-arms (for the court of session ). These positions were to be abolished by §60 of

3192-551: The Bankruptcy and Diligence etc. (Scotland) Act 2007, and replaced with the office of judicial officer under §57(1) of that enactment. This enactment was never brought into effect and was repealed under schedule 4 of the Public Services Reform (Scotland) Act 2010 In Scotland, the office of water bailiff does exist, with power to enforce legislation relating to the illegal collection of salmon and trout. In

3276-724: The Court of Session. Originally clericus justiciarie or Clerk to the Court of Justiciary, the counterpart in the criminal courts of the Lord Clerk Register , the status of the office increased over time and the Justice-Clerk came to claim a seat on the Bench by practice and custom. This was recognised by the Privy Council of Scotland in 1663 and the Lord Justice Clerk became the effective head of

3360-513: The Crown on civic occasions. The bailiff in each island must, in order to fulfill his judicial role, be a qualified lawyer. In England and Wales , there are a number of offices either formally titled, or commonly referred to, as "bailiffs". Some of these bailiffs are concerned with executing the orders of the courts, generally around the collection of debts, and some exercise semi-official supervisory powers over certain activities. Those concerned with

3444-631: The District of Columbia had mandatory retirement ages for State court judges, which ranged from 70 to 75 for most (but is as high as 90 in Vermont ). A 2020 study by the National Bureau of Economic Research found significant positive effects on the performance of state Supreme Courts with mandatory retirement age for judges. The authors advocated the adoption of mandatory retirement ages for all federal and state judges, although they felt, that

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3528-836: The English tradition. In writing, the post-nominal letters PJ is used to refer to a permanent judge of the Court of Final Appeal and NPJ to a non-permanent judge. In the High Court, the abbreviation JA is used to denote a justice of appeal, and the letter J refers to a judge of the Court of First Instance. Masters of the High Court are addressed as Master . When trials are conducted in Chinese, judges were addressed, in Cantonese, as Fat Goon Dai Yan ( Hong Kong Cantonese : 法官大人 , romanized:  faat3 gun1 daai6 jan4 , lit.   'Judge, your lordship') before

3612-595: The English traditions such as wearing wigs and robes in trials. In the lower courts, magistrates are addressed as Your worship , and district court judges as Your Honour . In the superior courts of record, namely the Hong Kong Court of Final Appeal and the High Court of Hong Kong (which consists of the Court of Appeal and the Court of First Instance ), judges are addressed as My Lord or My Lady and referred to as Your Lordship or Your Ladyship , following

3696-599: The Epping Forest Act does include this title of appointment, these individuals are statutory bailiffs and the title is not merely just historic. Jury bailiffs are court ushers who monitor juries during their deliberations and during overnight stays. As most people's contact with bailiffs is when a bailiff comes to take property to enforce debt, public perception does not usually distinguish between bailiffs and debt collectors . Indeed, many debt collectors often publicly refer to themselves as bailiffs . However, it

3780-529: The High Court, the tipstaff , is an employee of HM Courts and Tribunals Service, and is concerned with enforcing certain judgments of the High Court, typically involving the enforcement of court orders relating to the custody of children in family law cases. Water bailiffs also exist in England and Wales to police bodies of water and prevent illegal fishing . They are generally employees of the Environment Agency and when executing their duties, have

3864-633: The High Courts were addressed as Your Lordship or My Lord and Your Ladyship or My Lady , a tradition directly attributable to England. The Bar Council of India had adopted a resolution in April 2006 and added a new Rule 49(1)(j) in the Advocates Act . As per the rule, lawyers can address the court as Your Honour and refer to it as Honourable Court . If it is a subordinate court, lawyers can use terms such as sir or any equivalent phrase in

3948-482: The Sheriff and the bailiffs of the separate courts were each independent officers of the crown the trend in legal administration is to appoint a civil servant within the department of the respective Attorney General as Sheriff and they then engage, appoint or contract deputy sheriffs, sheriffs officers and bailiffs of the lower courts. The bailiff operates within a defined geographical area (or areas), generally those of

4032-826: The United States) the situation is reverse: over 70% of judges of the first instance are men. On the other hand, women are underrepresented in the Supreme Courts in the USA and all EU countries, except for Romania (in Romanian High Court of Cassation and Justice over 80% of judges are women). In the United States, federal judges are appointed "for good behavior", which means in practice, that federal judges work until they die, voluntarily retire or are impeached. The death of Ruth Bader Ginsburg in

4116-632: The ability to bring a legal complaint against a bailiff; six days' notice now had to be given (§52). In the Channel Islands the bailiff is the first civil officer in each of the two bailiwicks. He is appointed by the Crown , and holds office until retirement. He presides as a judge in the Royal Court , and takes the opinions of the jurats ; he also presides over the States Assembly (Jersey) or States of Guernsey , and represents

4200-438: The agency providing court security is often the same agency charged with serving legal process and seizing and selling property (e.g., replevin or foreclosure ). In some cases, the duties are separated between agencies in a given jurisdiction. For instance, a court officer may provide courtroom security in a jurisdiction where a sheriff or constable handles service of process and seizures. Martha Symons Boies Atkinson became

4284-407: The area within their jurisdiction. A bailiff of a manor, therefore, would often oversee the manor's lands and buildings, collect its rents, manage its accounts, and run its farms (see Walter of Henley ). In the 19th century, the administrative functions of courts were mostly replaced by the creation of elected local authorities (councils). Nevertheless, the term bailiff is retained as a title by

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4368-454: The bailiff operated was called his bailiwick , even to the present day. Bailiffs were outsiders and free men, that is, they were not usually from the bailiwick for which they were responsible. Throughout Norman England , the Saxon and Norman populations gradually mixed, and reeve came to be limited to shire -level courts (hence sheriff as a contraction of "shire-reeve"), while bailiff

4452-511: The bench). American judges frequently wear black robes. American judges have ceremonial gavels , although American judges have court deputies or bailiffs and contempt of court power as their main devices to maintain decorum in the courtroom. However, in some of the Western United States , like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts , such as

4536-527: The chief officers of various towns and the keepers of royal castles, such as the High Bailiff of Westminster and the Bailiff of Dover Castle . In Scotland , bailie now refers to a municipal officer corresponding to an English alderman . In the 20th century, the court system in England was drastically re-organised, with the assize courts taking some of the powers of the shire courts, and becoming

4620-553: The court is led by a presidentti . In France, the presiding judge of a court is addressed as Monsieur le président or Madame le président , whilst associated judges are addressed as Monsieur l'Assesseur or Madame l'Assesseur . Out of the courtroom, judges are referred to as Monsieur le juge or Madame le juge . In Germany, judges are addressed as Herr Vorsitzender or Frau Vorsitzende , which translate as "Mister Chairman" and "Madam Chairwoman", or as Hohes Gericht , which translates as "High Court". The male presiding judge of

4704-571: The court orderlies (or ushers) so engaged may still occasionally be referred to as bailiffs. There are legislated constraints upon persons or corporations calling themselves bailiffs, sheriffs or police and upon using those terms in business or corporation names. The laws and practices pertaining to bailiffs and sheriffs are directly inherited from and modelled upon British law and legal precedents but subsequently modified by legislation enacted and precedents formed in each state or territorial jurisdiction. In parts of Canada, bailiffs are responsible for

4788-432: The courthouse, such as providing general security, guarding prisoners in the courthouse lock-up, etc. However, in some states the role of bailiff is primarily ceremonial (more akin to a "sergeant at arms" ) and may be performed by the judge's law clerk (a junior lawyer in training under the judge's supervision). In those cases, physical security and prisoner handling would be handled by other officers. Regardless of title,

4872-447: The execution of court orders are commonly referred to as bailiffs, although reforms to the law in 2014 have renamed all these positions to alternative titles. With the 19th-century renaming of bailiffs to "high bailiffs", their under-bailiffs generally came to be referred to as bailiffs themselves. The powers and responsibilities of these bailiffs depend on which type of court they take orders from. In emulation of these responsibilities,

4956-559: The first female bailiff in the United States in 1870 in Wyoming. In pre-revolutionary France , bailiff ( French : bailli , French pronunciation: [baji] ) was the king's administrative representative during the ancien régime in northern France, where the bailiff was responsible for the application of justice and control of the administration and local finances in his bailiwick ( baillage ). Bailli (12th-century French bailif , "administrative official, deputy")

5040-417: The individual authorities should decide on the specific age for themselves. A variety of traditions have become associated with the rank or occupation. Gavels (a ceremonial hammer) are used by judges in many countries, to the point that the gavel has become a symbol of a judge. In many parts of the world, judges wear long robes (often in black or red) and sit on an elevated platform during trials (known as

5124-548: The judges of Madras HC , Justice K Chandru had banned lawyers from addressing his court as My Lord and Your Lordship . In Israel, the judges ( Hebrew : שופט‬ , romanized :  shofét , lit.   'judge') of all courts are addressed as Sir , Madam (Hebrew: אדוני‬/גבירתי‬ , romanized:  adoni/geverti ) or Your Honor (Hebrew: כבודו‬/כבודה‬ , romanized:  kevodo/kevoda ). Typically after every naming you will hear haShofét , meaning "the judge" after

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5208-508: The jurisdiction of the court, and accordingly known as their bailiwick. Traditionally bailiffs were required to serve, or attempt to serve, the other legal processes issued by their court however this is generally not an exclusive obligation on the bailiff and the serving of other court processes may be carried out by the litigants, their legal representatives or by persons carrying on business as process servers. Bailiffs are not debt collectors though some may hold debt collecting licences and in

5292-588: The jurisdiction of the provincial Ministry of the Solicitor General . Duties normally associated with bailiffs in other jurisdictions, such as residential evictions, seizures, and other processes order by the court, are performed by sheriffs under the office of the Attorney General of Ontario or "private" bailiffs if initiated without a court order. Private bailiffs are licensed by the Ministry of Public and Business Service Delivery under

5376-535: The law reports, the Justices of the Supreme Court are usually referred to as "Lord/Lady N", although the Weekly Law Reports appends the post-nominal letters "JSC" (e.g. "Lady Smith JSC"). The President and Deputy President of the Court are afforded the post-nominal letters PSC and DPSC respectively. Only experienced barristers or solicitors are usually appointed as judges. Bailiff A bailiff

5460-482: The office in 2020 and suspension of Pauline Newman in 2023 reinvigorated the discussion about mandatory retirement age for federal judges, but such change would require a constitutional amendment and is unlikely to be implemented soon. States have more flexibility in establishing a mandatory retirement age for judges, as was confirmed by the SCOTUS in its 1991 decision Gregory v. Ashcroft . As of 2015, 33 States and

5544-400: The orders of the civil jurisdiction of the court. Those orders are contained in warrants or orders including typically to seize and sell personal & real property, to evict tenants, to arrest and bring persons to that court who have failed to appear when summoned and to arrest and convey to prison persons who disobey orders of that court. The officers exercising criminal law jurisdiction are

5628-526: The police and policing agencies. The officer of the Supreme Court of the State or Territory who fulfils these duties is the Sheriff of the State or Territory often simply referred to as "the Supreme Court Sheriff of <the State or Territory>". The Sheriff's roles and responsibilities are however generally very much broader than those of a bailiff and not dealt with here. While traditionally

5712-454: The population expanded, the need for the services of a bailiff mainly arose from financial disputes; consequently, these assistants came to be closely associated with debt-collection, in the public's minds. By Shakespeare 's time, they had acquired the nickname bum-bailiffs , perhaps because they followed debtors very closely behind them; in France, the term pousse-cul (literally push-arse )

5796-467: The powers and privileges of a police constable for the purpose of the enforcement of the Salmon and Freshwater Fisheries Act 1975 . Farm bailiffs exist on landed estates . The farm bailiff is employed by the proprietor and his managerial duties can include collecting rent, taxes and supervising both farm operations and labourers. Historically, the estate would typically include a hall or manor house ,

5880-802: The presiding judge of a court is addressed as Signor presidente della corte . In the Netherlands , presiding judges of either sex are, in writing only, addressed edelachtbare ("Your Honour") for judges in the Court of First Instance, edelgrootachtbare ("Your Great Honour") for justices in the Court of Appeal and edelhoogachtbare ("Your High Honour") for justices in the High Council of the Netherlands (Supreme Court). In Poland, presiding judges of either sex during trial are addressed Wysoki Sądzie ("High Court"). In Portugal , presiding judges during trial are addressed as Meretíssimo Juiz when

5964-507: The presiding judge of a court is traditionally addressed as Herr Ordförande or Fru Ordförande , which translate as "Mister Chairman" and "Madam Chairwoman". In the Courts of England and Wales , Supreme Court judges are called Justices of the Supreme Court. Justices of the Supreme Court who do not hold life peerages are now given the courtesy style "Lord" or "Lady". Justices of the Supreme Court are addressed as "My Lord/Lady" in court. In

6048-436: The proceedings, as they generally are in the superior courts, are in English. In Pakistan, judges of the Supreme Court and the High Courts are addressed as Your Lordship or My Lord or Lordship and Your Ladyship or My Lady , a tradition directly attributable to England. There is some resistance to this on religious grounds but more or less continues till this day. In lower courts, judges are addressed as sir , madam or

6132-401: The prosecution and the defense present their case to a jury , often selected from common citizens. The main factfinder is the jury, and the judge will then finalize sentencing. Nevertheless, in smaller cases judges can issue summary judgments without proceeding to a jury trial. In an inquisitorial system (civil law), as in effect in continental Europe, there is no jury and the main factfinder

6216-472: The reformed High Court of Justiciary in 1672 when the court was reconstituted. The Lord Justice Clerk now rarely presides at criminal trials in the High Court, with most of his or her time being spent dealing with civil and criminal appeals. The Lord Justice Clerk has the title in both the Court of Session and the High Court of Justiciary and, as President of the Second Division of the Inner House ,

6300-528: The regional language concerned. Explaining the rationale behind the move, the Bar Council had held that the words such as My Lord and Your Lordship were "relics of the colonial past". The resolution has since been circulated to all state councils and the Supreme Court for adoption but over five years now, the resolution largely remained on paper. However, in an unprecedented move in October 2009, one of

6384-598: The respective address. For example, Your Honor the Judge would be כבוד השופט‬ ( kevod haShofét ). Biy - elected judges using adat Zheti Zhargy . The Council of biys  [ kk ; ru ] was the highest council, a kind of senate . In Malaysia, judges of the subordinate courts are addressed as Tuan or Puan ("Sir", "Madam"), or Your Honour . Judges of the superior courts are addressed as Yang Arif ( lit.   ' Learned One ' ) or My Lord , My Lady , etc.; and Your Lordship or My Ladyship if

6468-618: The same, and High Court enforcement officers have greater powers. Due to the negative association with debt collection, in former times, in the Fens of eastern England, the term Bailiff of Bedford was often used as slang for destructive floods of the River Great Ouse . The High Bailiff is the head stipendiary magistrate in the Isle of Man . The Scottish form of this post is the bailie . Bailies served as burgh magistrates in

6552-531: The service of legal process . In some jurisdictions, duties of the bailiff include the service of legal documents, repossession and evictions in accordance with court judgments, application of wheel clamps and the execution of arrest warrants. Some jurisdictions also require that applicants receive special training and have a degree in paralegal technology to become a bailiff. In Ontario , provincial bailiffs provide primary transportation of prisoners between correctional facilities such as jails and prisons. Under

6636-565: The system of local government in Scotland before 1975 when the system of burghs and counties was replaced by a two-tier system of regional councils and district councils. The two-tier system was later replaced by a system of unitary authorities . Under the new arrangements the bailies were abolished and replaced by justices of the peace serving in the District Courts of Scotland , these posts no longer holding any authority within

6720-446: The transfer of over 500 of its employees. This decision led to official strike action by some employees on 30 July 2013. Certificated enforcement agents are used by local authorities, His Majesty's Courts and Tribunals Service and landlords for a variety of reasons such as collection of taxes, road traffic debts and commercial rent arrears. County Court bailiffs remain directly employed by HM Courts Service, carrying out enforcement for

6804-467: The transfer of sovereignty from the United Kingdom to China, and as Fat Goon Gok Ha (Hong Kong Cantonese: 法官閣下 , romanized:  faat3 gun1 gok3 haa6 , lit.   'Judge, your honour') since 1997. Fat Goon (Hong Kong Cantonese: 法官 , romanized:  faat gun1 , lit.   'Judge') means the word "judge". In India , judges of the Supreme Court and

6888-399: Was derived from a Vulgar Latin term *bajulivus meaning "official in charge of a castle", i.e. a royal castellan . In the late 12th and early 13th century, King Philip II , an able and ingenious administrator who founded the central institutions on which the French monarchy's system of power would be based, prepared the expansion of the royal demesne through his appointment of bailiffs in

6972-493: Was similarly used for their equivalent officers. To avoid confusion with their underlings, the County Courts Act 1888 ( 51 & 52 Vict. c. 43) renamed bailiffs as high bailiffs . This act also formally acknowledged right of the high bailiffs to appoint (and dismiss) under-bailiffs as they wished, and establishing that the high bailiffs retain ultimate responsibility for their actions. High bailiff gradually became

7056-550: Was used in relation to the lower courts. Primarily then, bailiff referred to the officer executing the decisions of manorial courts , and the hundred courts . Likewise, in Scotland a bailie was the chief officer of a barony ( baron bailie ), and in the Channel Islands they were the principal civil officers . With the introduction of justices of the peace ( magistrates ), magistrates' courts acquired their own bailiffs. Historically, courts were not only concerned with legal matters, and often decided administrative matters for

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