Retired members of the Sudiciary practising
at the Baz
Note of a meeting in the Lord Chancellor's Office on the 6th July, 1950, between Siz George Coldstream and Mr. J. V. Bourne of the Lord Chancellor's Office and
Sir Kenneth Roberts-Way of the Colonial
Cffice
1. Judges
Feliii
(a) There is no doubt whatever that it is highly undesirable for any Supreme Court or High Court Judgo, in this country or clsc- where, to return to practico at the Bar.
(b), This does not, however, includo a man who has only acted as Judge. A Magistrate who acts as Judge in a Colony is in a position analogous to that of a County Court Judgo who is sent as a Commissioner of Assizo. The practice of appointing Magistrates to act as Judges overseas provides an opportunity to test their suitability for judicial prefentent; and in this respect an acting Judge can be likened to a Recorder in England who, while still in practice at the Bar, From time to time prosides in Court.
(o) Sir George Coldstream feels strongly that it is wrong for a man, so long as he is a Supreme Court or High Court Judge, to practice anwhere, even if he is on retirement Leave, when presumably he is technically liable to recall for duty.
2. Hagistrates
(a) Several Metropolitan and Stipendiary Magistrates in England have retired and returned to the Ear. In general, there is resentment at the Bar, but the objection depends upon circumstances. The Lord Chancellor could not, however, provorů any man's returning to the Bar, though the Bar Council or the Benchers of the Inns of Court might takö effective action.
(b) Sir George Coldstream recognises that it is impracticable to apply this principle to lagistratos in Colonial territories, the vast najority of when accept Magistracies as the first stop on the judicial ladder, True, it appears that some of them are content to accept Magistracies as a caroor, 0.5, in Jamaica, but it would be hardly practicable to discriminate.
(c) Whatever rules apply to District Judges, they would not affect a Magistrate who merely acts as District Judge any more than the rules regarding Judges would apply to a Magistrate who acts as Judgo.
3. District Judges, Senior Magistrates and Chief Haristratos
These are promotion posts half way between Magistrate and Judgo. The higher one gets in the judicial hierarchy, the greater is the objection to return to the Bar. Thus in the United Kingdan opposition to the idea that County Court Judges could resign and resume practice would be appreciably stronger than the reaction to a similar move by a Stipendiary or Metropolitan Magistrato. District Judges and higher grade Magistrates in the overseas territories are roughly the equivalent of County Court Judges (so far as their civil jurisdiction is concerned). Further, it can be maintained that a man who has accepted promotion in Her Majestys Overseas Judiciary has definitely adopted it as his career; and that if he still has in mind the possibility of returning to the Bar, thon he can acoline promotion. On the whole it appears that it would be justi- flable to require the undertaling now given by Judges on their Mtwo co- pointment to be given also by a Magistrate on his promotion to a Court
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