Deemster

Last updated

A Deemster (Manx : briw) is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal. The deemsters also promulgate the Laws on Tynwald Day by reading out brief summaries of them in English and Manx.

Contents

In the past, the First and Second Deemsters had ex officio seats in the Legislative Council of the Isle of Man. The Second Deemster was removed from the council in 1965 [1] and the First Deemster in 1975. [2]

There are currently (2017) three full-time Deemsters. These are the First Deemster and Clerk of the Rolls (who is also the Deputy Governor), the Second Deemster, and an additional full-time Deemster. The offices of First Deemster, Second Deemster and Clerk of the Rolls are ancient offices. The offices of First Deemster and Clerk of the Rolls were combined in 1918, [3] and a new office of Deputy Deemster was created in 2002 [4] but abolished in 2009. [5] Additional part-time Deemsters (previously called Acting Deemsters) are appointed from time to time to hear a particular case.

The First Deemster, Second Deemster and Judge of Appeal are appointed by, and hold office during the pleasure of, the Lord of Mann [6] (acting on the advice of the UK's Secretary of State for Justice). Additional deemsters are appointed by the Lieutenant Governor on the recommendation of the First Deemster. [7] As ex officio Deputy Governor, the First Deemster acts in place of the Lieutenant Governor in the latter's absence, or during a vacancy in that office.

Unlike judges in the United Kingdom, Deemsters have no security of tenure and thus have no legal protection against dismissal by the government. The appointment and removal of Manx judges on the formal advice of United Kingdom politicians is seen as an effective alternative.

Current Deemsters

The current Deemsters are:

There is now officially a "Third Deemster", replacing the previous "Deemster". [9] [10]

List of Deemsters

Owing to a lack of early records, the list cannot record any deemsters before 1408, and is therefore not necessarily complete for the earlier years. The dates given are those for the first appearance of a name in the records, although the person may have been in office for some time previously.

The list has been compiled from the Liber Juramentorum (the book recording the oaths taken by officers on appointment), the Isle of Man Statutes with additional names from the archive of David Craine. [11]

First Deemsters

First Deemsters and Clerks of the Rolls

Second Deemsters

Deemsters

Deputy Deemsters

In fiction

One of the main characters in Alfred Hitchcock 1929 drama film The Manxman is the deemster, and his holding this position is of central importance to the film's plot. The film is based on the 1894 novel of the same name by the Manx writer Hall Caine, who published another novel with a similar theme with the title The Deemster (1887).

The 1953 George Bellairs crime novel "Half-Mast for the Deemster" features the murder of the Deemster.

See also

Related Research Articles

<span class="mw-page-title-main">Politics of the Isle of Man</span>

The government of the Isle of Man is a parliamentary representative democracy. The Monarch of the United Kingdom is also the head of state of the Isle of Man, and generally referred to as "The King, Lord of Mann". Legislation of the Isle of Man defines "the Crown in right of the Isle of Man" as separate from the "Crown in right of the United Kingdom". His representative on the island is the Lieutenant Governor of the Isle of Man, but his role is mostly ceremonial, though he does have the power to grant Royal Assent.

<span class="mw-page-title-main">Tynwald Day</span> National day of the Isle of Man

Tynwald Day is the National Day of the Isle of Man, usually observed on 5 July.

<span class="mw-page-title-main">Speaker of the House of Keys</span> Presiding officer of lower house of Tynwald, the parliament of the Isle of Man

The Speaker of the House of Keys is the principal officer of the House of Keys, the lower house of the Isle of Man legislature. The Speaker is elected from the membership of the House at its first sitting after an election. He is responsible for controlling the procedure of the House and for the authoritative interpretation of its standing orders. He sets the business of the House and authorises the order of business of the House for each sitting. The Speaker uses the letters SHK after his name.

<span class="mw-page-title-main">Mike Kerruish</span> Manx politician

His Honour John Michael Kerruish QC was a Manx lawyer, who was the First Deemster and Clerk of the Rolls on the Isle of Man.

<span class="mw-page-title-main">Attorney General (Isle of Man)</span> Head legal advisor in the Isle of Man government

The Attorney General of the Isle of Man is the government's senior legal adviser and has an ex officio (non-voting) seat in the Legislative Council and in Tynwald Court.

<span class="mw-page-title-main">David Doyle (judge)</span> Manx judge

David Doyle is a Judge of the Grand Court of the Cayman Islands, Financial Services Division. He was, until 31 July 2018, the First Deemster, Clerk of the Rolls and Deputy Governor of the Isle of Man. He was appointed in 2010 and was formerly a partner of Dickinson Cruickshank & Co from 1985 onwards. He was called to the Bar in 1982 and the Manx Bar in 1984.

<span class="mw-page-title-main">Clerk of the Rolls</span>

The Clerk of the Rolls is a judge and Head of the Judiciary in the Isle of Man.

Arthur Christian Luft was a Manx judge, a former First Deemster and Clerk of the Rolls and a Member of the Legislative Council of the Isle of Man.

<span class="mw-page-title-main">Thomas Kneen</span> Manx judge

Thomas Kneen was His Majesty's Clerk of the Rolls for the Isle of Man, a Member of the House of Keys for Glenfaba, and Captain of the Parish of Onchan.

<span class="mw-page-title-main">John McHutchin</span> Manx judge

John McHutchin, was a Manx lawyer who successively became High Bailiff of Douglas, Second Deemster and Clerk of the Rolls in the Isle of Man.

There is a long history of capital punishment in the Isle of Man. Until the 17th century, many convicted prisoners were executed at Hango Hill.

<span class="mw-page-title-main">Andrew Corlett</span> Manx judge

Andrew Thomas Kaneen Corlett is the current First Deemster and Clerk of the Rolls of the Isle of Man who served as Second Deemster from 2011 to 2018, having previously held the title of Deputy Deemster from 2007. His appointment as First Deemster & Clerk of the Rolls was announced on 10 July 2018.

<span class="mw-page-title-main">Government House, Isle of Man</span> Official residence in Onchan, Isle of Man

<span class="mw-page-title-main">William Cain (deemster)</span> Manx judge (1935–2021)

Thomas William Cain was a First Deemster of the Isle of Man.

<span class="mw-page-title-main">Sir James Gell</span> Manx lawyer and judge

Sir James Gell was a Manx lawyer, who was the First Deemster and Clerk of the Rolls in the Isle of Man. He was also the first Manxman to become Attorney General of the Isle of Man.

<span class="mw-page-title-main">James Stowell Gell</span>

James Stowell Gell QC was a Manx advocate who became High Bailiff of both Castletown and Douglas, Isle of Man.

<span class="mw-page-title-main">Stewart Stevenson Moore</span> Manx lawyer

Stewart Stevenson Moore QC was a Manx lawyer, who was the First Deemster and Clerk of the Rolls on the Isle of Man.

Mark Hildesley Quayle, QC was a Manx lawyer, antiquarian and philanthropist who became the Clerk of the Rolls of the Isle of Man and a Member of the House of Keys.

John Joseph Heywood, was a Manx lawyer and Member of the House of Keys who successively became Second Deemster and subsequently First Deemster of the Isle of Man.

Yn Lhaihder is an official who takes part in the annual Tynwald Day ceremony at St John's, Isle of Man. After the Coroner of Glenfaba "fences the Court" in English, Yn Lhaihder repeats the same declaration in Manx.

References

  1. Isle of Man Constitution (Amendment) Act 1965
  2. Isle of Man Constitution (Amendment) Act 1975
  3. Judicature (Amendment) Act 1918; see now High Court Act 1991 s.3A(6).
  4. Civil Jurisdiction Act 2001 s.7
  5. Administration of Justice Act 2008
  6. High Court Act 1991 s.3A
  7. High Court Act 1991 s.3B
  8. "Chapter 4 Manx Reminiscences, 1911".
  9. ; this title was also used in the 2023 Tynwald Ceremony.
  10. https://tynwald.org.im/spfile?file=/business/pp/Reports/2020-PP-0191(1).pdf
  11. Journal of The Manx Museum, Sunday, January 01, 1961; Page: 42
  12. Journal of The Manx Museum, Sunday, January 01, 1961; Page: 42