Date lodged: 12 September 2016
To ask the Scottish Government what its position is on members of the judiciary resigning instead of facing a tribunal under section 95 of the Scotland Act 1998.
Answered by: Annabelle Ewing 20 September 2016
In terms of section two of the Judiciary and Courts (Scotland) Act 2008, as Head of the Scottish Judiciary, the Lord President is responsible for making and maintaining appropriate arrangements for the investigation and determination of any matter concerning the conduct of judicial office holders. The Lord President will only draw matters to the attention of the First Minister if he wishes her to constitute a tribunal to investigate and report on whether a judge of the Court of Session or Chairman of the Scottish Land Court is unfit to hold that office by reason of inability, neglect of duty or misbehaviour.