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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