Master (judiciary)
Encyclopedia
A Master is judicial officer found in the courts of England and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a judge. Masters are typically involved in hearing motions, case management, dispute resolution or adjudication of specific issues referred by judges. Their functions would otherwise fall to the judges of the court.
Besides the courts of the United Kingdom
, masters may be found in the Republic of Ireland
, Australia, New Zealand, several Caribbean countries and a number of Canadian
province
s. Several state courts in the United States utilize masters or similar officers and also make extensive use of special master
(s).
of England and Wales
is concerned primarily with procedural matters. Such a person is known professionally as, for example, "Master Smith". This is so whether the Master is male or female. A similar type of Master exists in the Court system of Northern Ireland
, in several Canadian and Australian jurisdictions as well as in other countries whose court system is based on that of England.
The office of Master is of ancient origins dating from at least the 12th century. Originally part of the mechanism of the court of Chancery, masters were retained and their functions merged with similar officers in the common law courts when courts of law and equity were fused in the late 19th century. There are masters in the Chancery and Queen's Bench divisions of the High Court of Justice. The Senior Master of the Queen's Bench Division also bears the title of Queen's Remembrancer which is one of the oldest judicial offices in England.
In the Inns of Court
, the members of the governing body are known as "Masters of the Bench" or, more commonly, "benchers". In the context of the functions they perform in that capacity (but not otherwise) they will be known as, for example, "Master Smith" (whether they are male or female). This will be so even if in other contexts they use a higher title: hence, a High Court Judge who is a Master of the Bench will be known in his or her Inn as "Master Smith", in private life as Sir John Smith, and on the bench as Mr Justice Smith; likewise a law lord will be known in the inn as "Master Woolf" even if he is privately and professionally known by the peerage title of "Lord Woolf".
of the Republic of Ireland
has a judicial official termed “Master of the High Court". The Master is authorised by law to exercise limited functions and powers of a judicial nature within the scope of Article 37 of the Constitution of Ireland
. He/she may not exercise any function in several areas including criminal proceedings, the granting of injunctions, bail, custody of children and matters concerning wards of court.
Though the office of Master of the High court is very old, its powers and functions were redefined by the Courts and Court Officers Act, 1995.
, Court of Queen's Bench of Alberta
, the Court of Queen's Bench of Manitoba and the Ontario Superior Court of Justice
. There are part time taxing masters in the Supreme Court of Newfoundland and Labrador. There is a similar office of prothonotary in the Supreme Court of Prince Edward Island and in the Federal Court.
The jurisdiction of a Master is fixed by provincial statute
and the rules of court. Masters are appointed by the provincial government. As a result, while Masters sit in a superior court, they do not have the “inherent jurisdiction” of the judges of those courts, who are appointed by the federal
government and whose authority is derived from the Constitution of Canada
and the Crown. Their jurisdiction is usually limited to procedural and Interlocutory
matters heard in chambers
. In some places, Masters may sit as "registrars", who rank below Masters in the judicial system.
In the Federal Court of Canada, a judicial officer with much the same powers as a Master is called a Prothonotary
.
Traditionally a Master is referred to as "Master Smith" or, in court, as "Master". In some jurisdictions, Masters are now referred to as "your honour".
Masters and Prothonotaries are independent judicial officers although they do not have the full level of security of tenure or financial protection afforded to federally appointed judges. In Alberta, British Columbia and Manitoba, masters have the same level of independence as provincial judges. This was formerly the case in Ontario as well but after the High Court of Justice and District Courts were merged, in 1986 a new office of Case Management Master was created. Case Management Masters are relatively secure from interference by the executive branch of government but do not have all of the same security as either provincial or federal judges. (See s. 86.1 of the Ontario Courts of Justice Act.)
Besides the courts of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, masters may be found in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, Australia, New Zealand, several Caribbean countries and a number of Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
province
Province
A province is a territorial unit, almost always an administrative division, within a country or state.-Etymology:The English word "province" is attested since about 1330 and derives from the 13th-century Old French "province," which itself comes from the Latin word "provincia," which referred to...
s. Several state courts in the United States utilize masters or similar officers and also make extensive use of special master
Special master
In law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature...
(s).
United Kingdom
The role of a Master in the High Court of JusticeHigh Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
of England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
is concerned primarily with procedural matters. Such a person is known professionally as, for example, "Master Smith". This is so whether the Master is male or female. A similar type of Master exists in the Court system of Northern Ireland
Courts of Northern Ireland
The courts of Northern Ireland are the civil and criminal courts responsible for the administration of justice in Northern Ireland: they are constituted and governed by Northern Ireland law....
, in several Canadian and Australian jurisdictions as well as in other countries whose court system is based on that of England.
The office of Master is of ancient origins dating from at least the 12th century. Originally part of the mechanism of the court of Chancery, masters were retained and their functions merged with similar officers in the common law courts when courts of law and equity were fused in the late 19th century. There are masters in the Chancery and Queen's Bench divisions of the High Court of Justice. The Senior Master of the Queen's Bench Division also bears the title of Queen's Remembrancer which is one of the oldest judicial offices in England.
In the Inns of Court
Inns of Court
The Inns of Court in London are the professional associations for barristers in England and Wales. All such barristers must belong to one such association. They have supervisory and disciplinary functions over their members. The Inns also provide libraries, dining facilities and professional...
, the members of the governing body are known as "Masters of the Bench" or, more commonly, "benchers". In the context of the functions they perform in that capacity (but not otherwise) they will be known as, for example, "Master Smith" (whether they are male or female). This will be so even if in other contexts they use a higher title: hence, a High Court Judge who is a Master of the Bench will be known in his or her Inn as "Master Smith", in private life as Sir John Smith, and on the bench as Mr Justice Smith; likewise a law lord will be known in the inn as "Master Woolf" even if he is privately and professionally known by the peerage title of "Lord Woolf".
Republic of Ireland
The judicial systemCourts of the Republic of Ireland
The Courts of the Republic of Ireland consist of the Supreme Court, the Court of Criminal Appeal, the High Court, the Circuit Court and the District Court. The courts apply the laws of Ireland. Ireland is a common law jurisdiction and trials for serious offences must usually be held before a jury...
of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
has a judicial official termed “Master of the High Court". The Master is authorised by law to exercise limited functions and powers of a judicial nature within the scope of Article 37 of the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. He/she may not exercise any function in several areas including criminal proceedings, the granting of injunctions, bail, custody of children and matters concerning wards of court.
Though the office of Master of the High court is very old, its powers and functions were redefined by the Courts and Court Officers Act, 1995.
Canada
In Canada the structure of the court system is primarily a provincial responsibility and the superior courts of the provinces have different names. Masters are found in the Supreme Court of British ColumbiaSupreme Court of British Columbia
The Supreme Court of British Columbia is the superior trial court for the province of British Columbia. The BCSC hears civil and criminal law cases as well as appeals from the Provincial Court of British Columbia. Including supernumerary judges, there are presently 108 judges...
, Court of Queen's Bench of Alberta
Court of Queen's Bench of Alberta
The Court of Queen's Bench of Alberta is the superior court of the Canadian province of Alberta....
, the Court of Queen's Bench of Manitoba and the Ontario Superior Court of Justice
Ontario Superior Court of Justice
The Superior Court of Justice is the superior court of general jurisdiction for the Province of Ontario, Canada. It is the successor to the former Ontario Court of Justice , and was created on April 19, 1999...
. There are part time taxing masters in the Supreme Court of Newfoundland and Labrador. There is a similar office of prothonotary in the Supreme Court of Prince Edward Island and in the Federal Court.
The jurisdiction of a Master is fixed by provincial statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
and the rules of court. Masters are appointed by the provincial government. As a result, while Masters sit in a superior court, they do not have the “inherent jurisdiction” of the judges of those courts, who are appointed by the federal
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
government and whose authority is derived from the Constitution of Canada
Constitution of Canada
The Constitution of Canada is the supreme law in Canada; the country's constitution is an amalgamation of codified acts and uncodified traditions and conventions. It outlines Canada's system of government, as well as the civil rights of all Canadian citizens and those in Canada...
and the Crown. Their jurisdiction is usually limited to procedural and Interlocutory
Interlocutory
Interlocutory is a legal term which can refer to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue...
matters heard in chambers
Chambers (law)
A judge's chambers, often just called his or her chambers, is the office of a judge.Chambers may also refer to the type of courtroom where motions related to matter of procedure are heard.- United Kingdom and Commonwealth :...
. In some places, Masters may sit as "registrars", who rank below Masters in the judicial system.
In the Federal Court of Canada, a judicial officer with much the same powers as a Master is called a Prothonotary
Prothonotary
The word prothonotary is recorded in English since 1447, as "principal clerk of a court," from L.L. prothonotarius , from Greek protonotarios "first scribe," originally the chief of the college of recorders of the court of the Byzantine Empire, from Greek protos "first" + Latin notarius ; the -h-...
.
Traditionally a Master is referred to as "Master Smith" or, in court, as "Master". In some jurisdictions, Masters are now referred to as "your honour".
Masters and Prothonotaries are independent judicial officers although they do not have the full level of security of tenure or financial protection afforded to federally appointed judges. In Alberta, British Columbia and Manitoba, masters have the same level of independence as provincial judges. This was formerly the case in Ontario as well but after the High Court of Justice and District Courts were merged, in 1986 a new office of Case Management Master was created. Case Management Masters are relatively secure from interference by the executive branch of government but do not have all of the same security as either provincial or federal judges. (See s. 86.1 of the Ontario Courts of Justice Act.)
See also
- Special masterSpecial masterIn law, a special master is an authority appointed by a judge to make sure that judicial orders are actually followed.In England, at common law, there were "Masters in Chancery," who acted in aid of the Equity Courts. There were also "Masters in Lunacy," who conducted inquiries of the same nature...
- Masters and Registrars in England and Wales