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NeCede's

Maxim 8.1.43

Judicial offices ought not to be granted before they are vacant.

Officia judicialia non concedantur antequam vacent.

Source: Bouvier's Law Dictionary; 11 Co. 4 Difficulty 1/5 — Foundational

Explanation

Granting a judicial office before it falls vacant creates a successor-in-waiting with perverse incentives and undermines the independence of the sitting officer.

Where this applies

  • A judicial appointment was promised to someone before the current judge retired.
  • Granting the next judgeship before the seat is vacant creates corrupted incentives.

Legal domains

Cite this maxim

NeCede Max. 8.1.43 — Judicial offices ought not to be granted before they are vacant. — Bouvier's Law Dictionary; 11 Co. 4 (Officia judicialia non concedantur antequam vacent.)

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