Puisne judge andpuisne justice (/ˈpjuːni/) are terms for an ordinary judge or a judge of lesser rank of a particular court. The term comes from a combination of the two French words,puis (since, later) andné (born) which have been combined asFrench:puisné orpuîné; meaning "junior".[1][2][3]
The term is used almost exclusively incommon law jurisdictions: thejurisdiction of England and Wales within theUnited Kingdom;Australia, including its states and territories;Canada, including its provinces and territories;India, including its states and territories;Pakistan, its provinces, andAzad Kashmir; theBritish Overseas Territory ofGibraltar;Kenya;Sri Lanka;South Africa in rural provinces andHong Kong. In Australia, the most senior judge after a chief justice in superior state courts is referred to as the "senior puisne judge".[4]
Use is rare outside of, usually internal, court (judicial) procedural decisions as to which judge(s) will sit or has sat in hearings or appeals. The term is dated in detailed, academic case law analyses and, to varying degree direct applicability in higher courts.[4][failed verification][citation needed]
The term excludes the court's chief judge(s)/justice(s); any seniormost judges, often specialists or a managerial head, sittingex officio (by virtue of their office) as such in the court for which they have duties below; and any technically junior judges who may have been called to serve in a higher court, whomlaw reports and transcripts customarily specify as "sitting in" ajudicial panel of a higher court or "sitting as" a judge of that court.
InBermuda, theSupreme Court comprises theChief Justice and a number of puisne judges.[5] As of January 2020, there are three puisne judges, with a vacancy for a fourth.[6] New puisne judges are appointed by theGovernor following a consultation with the Chief Justice.[7]
In Canada judges other than the chief justice of a court are referred to as puisne judges.[8][9]
In Gibraltar, puisne judges, of which there must be at least one, are responsible forfamily law proceedings in theSupreme Court.[10]
InJamaica, theSupreme Court comprises theChief Justice, and between 25 and 41 puisne judges, one of whom is designated the Senior Puisne Judge.[11]
InMauritius, theSupreme Court comprises the Chief Justice, the Senior Puisne Judge, and 20 other puisne judges.[12]
In England and Wales, judges of theHigh Court are referred to as puisne judges, unless the judge in question holds a specific title, such asLord Chief Justice.[13][14] Puisne judges must have at least seven years' experience as abarrister, or at least two years' experience as acircuit judge.[15] The maximum number of puisne judges permitted in England and Wales at any one time is thefull-time equivalent of 108.[16]
Puisne judges are styled asThe Honourable Mr/Mrs/Ms Justice [surname].[13]
InNorthern Ireland, judges of theHigh Court are referred to as puisne judges, with the exception of theLord Chief Justice.[17] The maximum number of puisne judges permitted in Northern Ireland at any one time is 15.[18]
Puisne judges are styled as The Honourable Mr/Mrs/Madam Justice [surname].[19]