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Recorder (judge)
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Recorder (judge)
please note:
- the content below is remote from Wikipedia
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{{short description|Judicial officer}}{{Use dmy dates|date=April 2022}}A recorder is a judicial officer in England and Wales and some other common law jurisdictions.- the content below is remote from Wikipedia
- it has been imported raw for GetWiki
England and Wales
In the courts of England and Wales, the term recorder currently has two distinct meanings. The senior circuit judge of a borough or city is often awarded the title of "Honorary Recorder". However, "Recorder" is also used to denote a person who sits as a part-time circuit judge.Historic office
In England and Wales, originally a recorder was a certain magistrate or judge having criminal and civil jurisdiction within the corporation of a city or borough. Such incorporated bodies were given the right by the Crown to appoint a recorder. He was a person with legal knowledge appointed by the mayor and aldermen of the corporation to 'record' the proceedings of their courts and the customs of the borough or city.EB1911, Recorder (legal officer), 22, 966, Such recordings were regarded as the highest evidence of fact.Riley Munimenta Gildhallæ I. 42-3. Typically, the appointment would be given to a senior and distinguished practitioner at the Bar, and it was, therefore, usually executed part-time only, by a person whose usual practice was as a barrister. It carried a great deal of prestige and power of patronage. The recorder of a borough was often entrusted by the mayor and corporation to nominate its Members of Parliament, as was the case with the Recorder of Barnstaple, who in 1545 nominated the two MPs to represent the Borough of Barnstaple.{{HistoryofParliament |1509 |first=A. D. K. |last=Hawkyard |title=George Rolle (d.1552) |url=http://www.historyofparliamentonline.org/volume/1509-1558/member/rolle-george-1486-1552 }} Eventually the recorder became the judge who sat alone, without lay magistrates, in the quarter sessions held for each county borough, and for the larger boroughs which retained the right to hold their own quarter sessions.{{efn|In the quarter sessions held for each county (or subdivision of a county), the legally-qualified chairman of the quarter sessions presided over a bench of lay magistrates drawn from the county.}} In the cases where the defendant pleaded "not guilty", the recorder sat with a jury.BOOK, Archer, Peter, Peter Archer, Baron Archer of Sandwell, 1963, The Queenâs Courts, 2nd, Penguin, 121-124,
The only survival today of the historic office is the Recorder of London who is still appointed by the Court of Aldermen of the Corporation of the City of London and thereby becomes a member of that court. He is a senior circuit judge sitting at the Central Criminal Court (the Old Bailey).
Titular and honorific recorders
{{see also|List of honorary recorders}}The ancient recorderships of England and Wales now form part of a system of honorary recorderships which are filled by the most senior full-time circuit judges. At each Crown Court centre, a particular judge is appointed "resident judge", leads the team of judges who sit there and provides the essential link between the judiciary and the administration. In the larger city court centres, the resident judge is usually a senior circuit judge who is recruited and appointed specifically to that post. An exception is the Corporation of the City of London which still follows ancient customs as stated above.In the many smaller towns and cities where the resident judge is not a senior circuit judge, the position is different. The resident judge is deployed specifically to that post by the Lord Chief Justice (with the concurrence of the Lord Chancellor) from the ranks of the circuit bench. They then hold office as resident judge for a set period, normally four years, although such appointments are renewable.Recorders as part-time appointments
Since 1971 the term "recorder" has also been used for a part-time judicial appointment in England and Wales, providing part-time experience in judicial office. The part-time appointees were initially designated "Assistant Recorder", with a view to promotion to full "recorder". Appointments are no longer made to the position of Assistant Recorder.Appointments are made by the Crown by Royal Warrant, on the recommendation of the Lord Chancellor. Since 2006 the Lord Chancellor's recommendations are based upon an independent appointments process by the Judicial Appointments Commission.Eligibility is restricted to barristers, solicitors or Chartered Legal Executives of at least seven years' standing. A recorder, when acting as such, has all the powers of a circuit judge and may sit in the Crown Court, the County Court or the Family Court. A recorder sitting in the Crown, County or Family Court is addressed as "Your Honour" (save in the Central Criminal Court (or Old Bailey) where all judges are addressed as "My Lord (or Lady)"). If appointed to do so under section 9(1) of the Senior Courts Act 1981, a recorder may sit as a part-time High Court judge.A recorder is paid a daily fee and is expected to sit as a judge for between three and six weeks a year.In other jurisdictions
Ireland and Northern Ireland
The Recorder of Dublin was the principal magistrate for the city of Dublin until the office was abolished in 1924. The judicial offices of Recorder of Belfast and Recorder of Derry still exist.WEB, Judiciary of Northern Ireland,weblink Northern Ireland Courts and Tribunals Service, 17 February 2017, live,weblink 11 November 2016, There were also, prior to 1924, a Recorder of Cork and Recorders of Limerick (although this office seems to have lapsed about 1840), Youghal, Galway, Enniskillen, Carrickfergus, Kinsale, Dundalk, Waterford, Kilkenny, New Ross, Hillsborough, Cashel, Clonakilty and Clonmel. Given the small population of some of these towns, the Recordership, which was often a right guaranteed to the townspeople by royal charter, was in several cases, such as Kinsale and Clonakilty, a part-time office.Hong Kong
Hong Kong operates a system of appointing part-time recorders similar to that in England & Wales. The recordership scheme was introduced in Hong Kong in 1994 to encourage experienced practitioners who are willing to sit as a High Court Judge for a few weeks every year, but are not prepared to commit themselves to a permanent, full-time appointment. It was intended to act as a more formal system of appointment compared to the more ad hoc nature of the appointment of Deputy High Court Judgesweblink {{Bare URL PDF|date=March 2022}}Recorders are practitioners in private practice (in practice, Senior Counsel) who are appointed by the Chief Executive on the recommendation of the independent Judicial Officers Recommendation Commission (JORC).Judicial Officers Recommendation Commission Ordinance (Cap. 92) The appointment is for a fixed term of a few years, during which the practitioner sits as a recorder hearing cases in the Court of First Instance of the High Court for a few weeks in a year. Recorders may exercise all the jurisdiction, powers and privileges of a full-time Judge of the Court of First Instance.High Court Ordinance (Cap. 4), Section 6A(3)The qualification for appointment as a recorder is the same as that for High Court Judge: that is, having practised for at least 10 years as a barrister, advocate, solicitor or judicial officer in Hong Kong or another common law jurisdiction.High Court Ordinance (Cap. 4), Section 9As of 1 April 2020, Recorders receive honoraria at a daily rate of HK$11,765.United States and Canada
In some U.S. and Canadian jurisdictions, the Recorder's Court is a local court of limited jurisdiction, most often hearing misdemeanors, traffic violations, and other petty criminal offences. The Recorder of New York City was one of the judges of the Court of General Sessions (the local court of general jurisdiction on criminal cases) and presided over most murder trials in New York City. Historically, the City of Detroit, Michigan had a Recorder's Court, which has now been subsumed as 36th District Court and part of Wayne County Circuit Court.Biblical usage
In the biblical Kingdom of Israel, the recorder was the chancellor or vizier of the kingdom. He brought all weighty matters under the notice of the king, such as complaints, petitions, and wishes of subjects or foreigners. He also drew up papers for the king's guidance, and prepared drafts of the royal will for the scribes. All treaties came under his oversight, and he had the care of the national archives or records, to which, as royal historiographer, he added the current annals of the kingdom.ENCYCLOPEDIA, M. G., Easton,weblink Recorder, Illustrated Bible Dictionary, Harper & Brothers, New York, 1897, 575,See also
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