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 Lord Beckett, who was appointed to the position on 4 February 2025, succeeding Lady Dorrian who had been the first female to hold the office.
History
In modern times, most judges appointed as Lord Justice Clerk later become Lord President of 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 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 their 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, 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.
Officeholders
William de Camera - Justice-Clerk to David II (1324–71) Adam Forester Before 1374: Alan de Lawedre of Whitslaid & Haltoun, etc.Alan de Lawedre was Justiciary Clerk "upon the south side of the Water of Forth" and received, in 1374, a pension for same of £10 per annum. Refer: "Early Notices of the Bass Rock and its Owners" by John J. Reid, BA., FSA Scot., in "Proceedings of the Society of Antiquaries of Scotland", 14 December 1885, p. 56. 1426: James de Lawedre (d. after 1459)(Grandson of Alan)Reid, 1885, p.58. 1478: William Halket of Belsico 1489/90: Richard Lawson of High Riggs.Joseph Bain, Calendar of Documents relating to Scotland, 1357–1509, 4 (Edinburgh, 1888), no. 1564. 1507: James Henderson of Fordel (k. Battle of Flodden 1513) 1513: James Wishhart of Pittarrow 1524: Nicholas Crawfurd of Oxengangs 1537: Adam Otterburn of Reidhall 1537: Thomas Scot of Pitgorn 1539: Thomas Bellenden of Auchnoule 1540: Henry Balnaves 1547: Sir John Bellenden of Auchnole & Broughton (d.1576) 1577: Sir Lewis Bellenden of Auchnole & Broughton (d.1591) 1591: Sir John Cockburn of Ormiston (d.1623) 1625: Sir George Elphinstone of Blythswood 1634: Sir James Carmichael of that Ilk 1637: Sir John Hamilton of Orbiston 1651–63: Sir Robert MorayWalker, David M., The Oxford Companion to Law, Appendix I, list of Lords Justice-Clerk of Scotland from 1660, pp. 1342–1343. 1663–71: Sir John Home, of Renton, Lord Renton 1671–74: Sir James Lockhart of Lee (d. 4 June 1674) 1674–75: Sir William Lockhart of Lee 1675–80: Sir Thomas Wallace of Craigie, Lord Craigie 1680–84: Richard Maitland, 4th Earl of Lauderdale 1684–88: Sir James Foulis of Colinton, Lord Colinton 1688–90: Sir John Dalrymple, 1st Earl of Stair 1690–92: Sir George Campbell of Cessnock 1692–99: Sir Adam Cockburn of Ormiston, Lord Ormiston 1699–1702: Sir John Maxwell of Pollok, Lord Pollok 1702–04: Roderick Mackenzie of Prestonhall, Lord Prestonhall 1704–05: Sir William Hamilton of Whitelaw, Lord Whitelaw 1705–10: Sir Adam Cockburn of Ormiston, Lord Ormiston 1710–14: Sir James Erskine, Lord Grange 1714–35: Adam Cockburn of Ormiston, Lord Ormiston 1735–48: Andrew Fletcher, Lord Milton 1748–63: Charles Erskine, Lord Tinwald 1763–66: Gilbert Elliot, Lord Minto 1766–87: Thomas Miller, Lord Barskimming 1787–99: Robert Macqueen, Lord Braxfield 1799–1804: David Rae, Lord Eskgrove 1804–11: Charles Hope, Lord Granton 1811–41: David Boyle, Lord Boyle 1841–58: John Hope, Lord Hope 1858–67: John Inglis, Lord Glencorse 1867–69: George Patton, Lord Glenalmond 1869–88: James Moncreiff, Lord Moncreiff 1888–1915: John Macdonald, Lord Kingsburgh 1915–22: Charles Dickson, Lord Dickson 1922–33: Robert Munro, Lord Alness 1933–41: Craigie Aitchison, Lord Aitchison 1941–47: Thomas Cooper, Lord Cooper 1947: Alexander Moncrieff, Lord Moncrieff 1947–62: George Thomson, Lord Thomson 1962–72: William Grant, Lord Grant 1972: John Wheatley, Baron Wheatley 1985: Donald Ross, Lord Ross 1997: William Cullen, Lord Cullen 2001: Brian Gill, Lord Gill 2012: Colin Sutherland, Lord Carloway 2016: Leeona Dorrian, Lady Dorrian 2025: John Beckett, Lord Beckett
See also Lord President of the Court of Session, to whom the Lord Justice Clerk is deputy.
References
For listings to 1637 (may be wanting) refer to The Staggering State of the Scots' Statesmen, by Sir John Scot of Scotstarvet, Director of Chancery, Edinburgh, 1754, p. 183.