Scotland's former top law officer, Dorothy Bain KC, applied to become a judge between December 8, 2025, and January 7, 2026, a period up to six months before she announced her intention to leave her post as Lord Advocate. Bain formally resigned from her position in May, having served for five years.
King Charles appointed Bain to a judgeship at the end of June, following a recommendation by John Swinney. The application process was overseen by the Judicial Appointments Board for Scotland (JABS). JABS confirmed the application window, stating it could not disclose the exact date of Bain's submission but confirmed the period during which applications were accepted.
Bain faced calls to resign in late February after it emerged she had informed First Minister John Swinney about the embezzlement indictment against former SNP chief executive Peter Murrell before the details became public. Murrell, who is Nicola Sturgeon’s estranged husband, was later jailed for over five years after admitting to embezzling approximately £400,000 from SNP funds.
The controversy intensified when Bain published documents showing she had informed Swinney, who is also the SNP leader, about the charges in March 2025, during Murrell's private court appearance. This disclosure led to accusations from the Scottish Conservatives that Swinney was receiving "secret information" regarding the "highly sensitive" case.
One legal source commented that while applying for a new job is not inherently problematic, the timeline appeared "accelerated" and potentially conflicted with the public announcement of her stepping down if she already knew she was being considered for the bench. The Scottish Government has stated there is "no basis to this accusation."
Scottish Conservative justice spokesman Stephen Kerr criticized the situation, suggesting it indicated "the SNP establishment looking after its own" and called for answers regarding the timeline, particularly concerning scrutiny of Bain's role as Lord Advocate while she was also seeking a judicial appointment. Kerr also reiterated calls for an end to the Lord Advocate's dual role, which allows the position holder to attend Cabinet meetings.
