[November 25, 2005]

Outsider wins race to be lord president Lord Hamilton is appointed Scotland's most senior judge

(The Herald)ANoutsider in the race to be the new lord president, Scotland's most senior judge and chief lawyer, was appointed yesterday.

Lord Hamilton, described by colleagues as bright and fair, will replace Lord Cullen of Whitekirk, who retires this week after 19 years as a judge.

Traditionally the lord president's deputy, the lord justiceclerk, who is currently Lord Gill, would have been considered the favourite. But changes in the selection process, including the introduction of personal applications and a requirement for applicants to write an essay about their suitability, are thought to have made it more open and accountable.

Only six people applied for the post, which has a salary of GBP191,276, and a number of lawyers described the new process as "demeaning".

Lord Cullen, 69, who chaired the Dunblane and Piper Alpha inquiries, was first appointed a judge in 1986. He served as lord justice-clerk from 1997 to 2001.

Lord Hamilton, 63, is less high profile and was described as a "dark horse" in the running for the post. Born in Glasgow, Arthur Hamilton went to Glasgow High School before studying at Glasgow, Oxford and Edinburgh universities. He was appointed a judge in 1995.

From 1997 to 2000 he worked as a commercial judge, and in January 2002 he was appointed a judge of the Inner House.

Colleagues described him yesterday as "a well respected judge with great attention to detail". He is said to be a traditionalist who will steer the current programme of reforms through the courts without "rocking the boat".

Recent reforms include the creation of preliminary hearings to speed up high court cases and proposals to tighten up bail and remand conditions.

"He is a bright, quiet man who very much fits the Edinburgh New Town mould, " one colleague said. "With so many changes on the horizon, ministers were obviously keen for someone to manage that, but he is also very traditional."

The lord president is the head of the Court of Session and as lord justice-general, head of the High Court. He presides routinely in these courts, dealing mainly with appeals. In addition to his judicial duties, the lord president supervises the business of the Court of Session and the High Court and is responsible for policy governing these courts.

He also makes appointments tosome tribunals and makes recommendations for QCs.

Lord Hamilton said: "I am very honoured that Her Majesty has seen fit to appoint me to this important office.

"To the best of my ability I shall try to serve the interests of the people of Scotland.With the assistance of my colleagues I shall uphold and strengthen the independence of the judiciary - a vital requirement of our democracy."

Lord Hamilton was nominated to the Queen by the first minister, taking account of advice provided by a four-person panel of judicial and lay experts.

JackMcConnell, first minister, described Lord Hamilton as an outstanding individual who would lead Scotland's judiciary with integrity.

Mr McConnell said: "I warmly welcome the appointment. He is an individual of substance and integrity and will lead Scotland's judiciary with independence and distinction.

"This is a time of great change in our courts - changes that are inspiring renewed confidence in our legal system. I am sure Lord Hamilton will build on the legacy left by Lord Cullen in this regard and play a significant and influential role in the continued modernisation of our court system.

"Lord Hamilton has also been appointed through the most open and transparent procedure ever for choosing a new lord president.

"That is a welcome development, and one that fits Scottish ministers' desire for public appointments to be open to every suitably qualified candidate."

LEADING ROLE

The lord president is head of the Court of Session and head of the High Court of Justiciary.

He regularly sits in these courts, dealing mainly with appeals.

He supervises the Court of Session and the High Court, and is responsible for policy governing these courts, and for rules of court procedure.

He makes appointments to certain tribunals in Scotland, and, as lord justice-general, recommends persons for the rank of Queen's Counsel.

The most senior judge in Scotland, he is consulted on matters concerning the legal system and liaises with heads of foreign and Commonwealth judiciaries.

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