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 his or her 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.
^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.
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.
1 Office is either vested in the Crown, or vacant.
Status is currently debated. 2 There is debate around whether these offices constitute Officers of the Crown.