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Judicial commissioner

From Wikipedia, the free encyclopedia

Ajudicial commissioneris person appointed on a non-permanent basis to a judicial office. In some countries, such as Malaysia and Singapore, judicial commissioners have the powers of full judges. In other jurisdictions their powers are limited.

Brunei Darussalam

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A number of serving and retiredHong Kong High CourtJudges are appointed by theSultanto sit asSupreme CourtJudges and Judicial Commissioners inBrunei.For example, while Mr Justice Rogers served as Vice President of theHong Kong Court of Appeal,he also sat as a non-resident Judicial Commissioner of the Supreme Court of Brunei Darussalam between 2010 and 2011.[1][2]As of 2020, three retiredHong Kong High CourtJudges sit as Judges of the Court of Appeal of Brunei Darussalam (Mr Justice Burrell, who is the President of the Brunei Court of Appeal, and Mr Justice Seagroatt andMr Justice Lunn,who are Justices of Appeal); two retiredHong Kong High CourtJudges sit as Judicial Commissioners of the Supreme Court of Brunei Darussalam (Mr Justice Findlay and Mr Justice Lugar-Mawson).[3]Further, another retired Hong Kong Judge, Edward Woolley, who previously served as Registrar of theCourt of Final Appeal,Deputy High Court JudgeandHigh Court Master,[4][5]sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam.[6]Justice Kannan Ramesh of theSupreme Court of Singaporealso sits as a Judicial Commissioner of the Supreme Court of Brunei Darussalam.[7][8]

Hong Kong

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In 1983, the position of Commissioner of theHigh Courtwas re-named asDeputy Judgeof the High Court.[9]

Malaysia

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In Malaysia judicial commissioners are appointed for a term of two years.

Singapore

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InSingapore,judicial commissioners are appointed to theSupreme Courtby thepresident of Singaporeon the advice of theprime minister of Singapore,and have the powers of ajudge.[10]

People may be appointed a judicial commissioner after being a "qualified person" within the meaning of Section 2 of the Legal Profession Act and/or a member of theSingapore Legal Servicefor at least ten years.[11]The appointment is for a specific period which is determined by the president of Singapore.

Many judicial commissioners went on to become judges of the Supreme Court, such asAndrew Phang Boon Leong,Belinda Ang Saw Ean,Tan Lee MengandV. K. Rajah.

United States

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California

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Superior court commissioners are subordinate judicial officers who are appointed by, and serve at the pleasure of, the superior court judges.[12]

Tennessee

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In Tennessee, judicial commissioners may be appointed at a county level to handle minor criminal matters.[13]

Wisconsin

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Similarly, in Wisconsin, a court commissioner is an attorney appointed by a county'scircuit courtjudges to handlesmall claims,preliminary criminal proceedings, andfamily courtcases.[14]

Notes

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  1. ^"The Deputy Sultan attends the swearing-in of new judges"(PDF).Brunei Darussalam Prime Minister's Office (Department of Information).2010-05-08.
  2. ^"Mr. Anthony Rogers, GBS, QC, JP Former Vice-President of Court of Appeal"(PDF).
  3. ^"Swearing-in ceremony".Brunei Darussalam Prime Minister's Office.2016-04-23.
  4. ^"Hong Kong Court of Final Appeal - Former Registrars - Mr Edward Timothy Starbuck WOOLLEY".www.hkcfa.hk.
  5. ^"G.N. 7630",Hong Kong Government Gazette(No. 48, Vol. 6, 29 November 2002)
  6. ^"His Majesty the Sultan and Yang Di-Pertuan Negara Brunei Darussalam consented to preside over the Swearing-In Ceremony for the Judicial Commissioner of the Supreme Court".State Judiciary Department, Brunei Darussalam. 2019-09-07.
  7. ^"Judiciary - Panel of International Judges".
  8. ^"Historic Appointment of New Judicial Commissioner Expected to Enhance Investor Confidence".State Judiciary Department, Brunei Darussalam. 2019-10-17.
  9. ^SeeKo So Yee v Chan Sion Chun & Others,HCA9666/1982
  10. ^More information can be found on the Supreme Court website
  11. ^"Legal Profession Act (Cap. 161)".Archived fromthe originalon 2017-12-15.Retrieved2007-01-19.
  12. ^"California Code of Civil Procedure Section 259".leginfo.legislature.ca.gov.Retrieved2020-06-10.
  13. ^"2010 Tennessee Code:: Title 40 - Criminal Procedure:: Chapter 1 - Jurisdiction and Venue:::: 40-1-111 - Appointment of judicial commissioners Duties Terms Compensation Continuing education".Justia Law.
  14. ^"Self-help law center: How the courts work: Who's who in the court system".Services for the Public: Resources tailored for you.Wisconsin Court System.Retrieved2 May2022.