NOTHING TO BE Written IN THIS MARGIN
W(B)L 51-7406
Take in slip.
imight be regarded in some quartsis an having
"the tension, ill-feeling and criticism" that
would follow the former's appointment. Both
judges will be 58 years of age this year and
will have no more than four years in office
before reaching the retirement age of 62.
There is one other malter that might be considered. 8. By virtue of being the "Senior Puisne
Judge" Sir Ivo Rigby has a built-in claim to
preferment. More than ten years ago the
disadvantages of fixing the hierarchical
structure of the judiciary too rigidly by making
these "Senior Puisne Judge" appointments were
foreseen. Sir Ivo Rigby's elevation mightwurd
provide the opportunity to dispense with this
арротиниен
parely nonorific title. The Governor has
said that, in the event of Sir Ivo Rigby's
appointment asChief Justice, he would recommend
Mr. Justice Blair-Kerr for the "new appointment
of Judge of Appeal". The Governor added that
he intends to introduce in the near future the
"legislation for this appointment", but we have
no knowledge yet of what is proposed. It is
perhaps for consideration whether the creation
of this additional senior judicial post will
give rise to the same risk that appointment
thereto will be seen as a commitment to further
advancement of the holder (although this would
be unlikely to arise in the case of Mr. Justice
Blair-Kerr in view of his age).
Mr
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