Lord President claims register of interests would deter lawyers from the bench

Lord Carloway

Lord Carloway told MSPs on Holyrood’s Petitions Committee that the creation of a register would be a “powerful disincentive” for lawyers considering joining the judiciary.

The committee is considering a petition from Peter Cherbi, who argues that it would create more transparency in public life and ensure the judiciary was in line with other public officials.

But the Lord President said it may help litigants commit online fraud against judges, though he could not give an example of this occurring after a judge had declared their financial interests.

He said: “Judges are in a peculiar position in relation to this matter. They make decisions which inevitably cause disappointment to one party to a litigation, and they can be resentful.

“The losing party can in some extreme cases blame the judge for the failure of their case and seek to find a reason beyond actual decision as to why the judge found against them.

“It is not unknown for persons to form a malicious or hostile intent towards a judge, or even judges in general, if they are disappointed with the outcome of their case.

“They can become paranoid or suspicious about the reasons for what is a simple finding of fact in law by the judge.”

In response to the being asked why a register would deter prospective judges when it has worked for MSPs, he said: “We have a relatively small pool of lawyers of excellence who are capable of taking on the job of being a member of our senior judiciary.

“We have particular difficulties with recruitment at the moment. If I were to say to senior members of the profession, ‘By the way, if you wish to become a judge you will have to declare all your pecuniary interests and open them to public scrutiny’, I have no doubt whatsoever that that would act as a powerful disincentive for lawyers of experience and skill becoming members of the judiciary.

“I can assure the committee, we need them more than they need us.”

He added: “Until such time as it’s demonstrated that there is corruption within the Scottish judiciary, I’m entirely satisfied that there is no requirement for a register of interests and that it would be positively detrimental to the administration of justice, particularly in relation to the recruitment of judges and especially at the higher level of the judiciary.”