 The Faculty of Advocates has revealed its concerns |
Leading lawyers have criticised the Scottish Executive policy of increasing the numbers of temporary judges to hear High Court cases. Justice Minister Cathy Jamieson has defended the charge from the Faculty of Advocates.
Ms Jamieson said she took the decision to appoint more sheriffs and advocates to act as judges to process a backlog of appeals.
Lawyers allege that the highest courts in the country have been undermined.
In a statement, the faculty said: "The Faculty of Advocates is concerned that this is undermining and damaging the character and status of the Supreme Courts in Scotland. "Further, judicial independence is at risk when the duration of office of temporary judges and the likelihood of re-appointment is at the pleasure of the executive."
There are currently 20 temporary judges hearing cases in the High Court, alongside 32 senators of the College of Justice.
They are helping to deal with the increased volume of cases going to the High Court.
Four years ago the appeal court ruled that temporary judges - drawn from the ranks of sheriffs and senior advocates - should only be appointed in exceptional cases.
The court found that appointing part-time judges because of a failure on the part of the executive to recruit enough permanent judges would be "improper".
'Important safeguards'
The dean of the faculty, Colin Campbell, argued that as temporary judges depend on ministers for their appointment, there was a question mark over their independence.
He insisted there must be economic motives for the executive failing to appoint more full-time judges.
In his latest criticisms, Mr Campbell said "important safeguards" were being ignored "because part-time judges are now dealing with normal court business.
He said the competency or integrity of temporary judges was not being questioned.
"However, a properly staffed full-time establishment of judges specifically chosen for the task is an important objective guarantee of the quality of justice in our highest courts, which deal with the most serious crime and the most difficult and important cases. "It seems likely that economic considerations have played at least a part in bringing about this situation."
Ms Jamieson ruled out recruiting more permanent judges in the short-term, but said the executive would revise its policy if need be.
"It has been suggested to me by the faculty that we should act now to recruit more permanent judges," she said.
'Judicial pool'
"As we have shown, we will act to increase the judicial pool when and where it is necessary.
"However, I do not believe that this is the right time for such a move."
The minister said the Criminal Procedure (Amendment) (Scotland) Bill would increase the sentencing powers of sheriff courts and relieve High Courts' workload.
"I want to reassure the faculty that embedding an ever-increasing number of temporary judges in the Scottish justice system is neither an overt nor a covert ambition of this executive."