SHERIFF Hazel Aronson QC yesterday created Scottish legal history by becoming the first woman to be elevated to the Supreme Court Bench, and created a stir by adopting her married name of Cosgrove as her judicial title.
Immediately after she was installed as a Senator of the College of Justice, Lady Cosgrove's personal qualities and qualifications for the job were endorsed by senior legal figures. They included retired Sheriff Isabel Sinclair QC, who in 1949 became only the second woman to be called to the Scottish Bar, and Mr Menzies Campbell QC.
They were replying to comments by Ms Lynda Clark QC, which seemed to call into question the new judge's experience and qualifications.
The woman who broke centuries of legal tradition has used her own name since she was called to the Bar nearly 30 years ago and it had been assumed that she would take the title of Lady Aronson.
Instead, Lord Hope, the Lord President of the Court of Session, invited her to join her male colleagues on the Bench with the judicial title of Lady Cosgrove. The new judge's husband is Mr John Cosgrove, an Edinburgh dentist.
Mr Cosgrove explained after the installation ceremony at Parliament House, at which Scottish Secretary Michael Forsyth was an interested onlooker: ``When she was called to the Bar, she was already married and she wanted to use her married name.
``But she was told that was not appropriate. Judges did not want to refer to a woman as someone's wife but as herself. That was why she used her maiden name for all these years. However, things have changed a great deal since then and when we discussed what title she would take, Hazel said she wanted to be known as Lady Cosgrove.''
Normally, when a male judge is appointed, his wife takes the courtesy title of, for example, Lady Hope, but Mr Cosgrove said he would remain plain Mr rather than Lord Cosgrove.
Lord Hope presided over a Bench of 14 judges to welcome the new judge on to the Bench at the ceremony, which was attended by Lady Cosgrove's family as well as leading members of the legal profession, including the Lord Advocate.
The row over Ms Clark's remarks was simmering in the background but failed to intrude on the sense that history was being created by the appointment.
In a statement published in a newspaper yesterday, Ms Clark was quoted as saying that she was sure the new judge would be courteous and fair-minded. She added, however: ``Unfortunately, she chose to leave the Bar when she had gained only limited experience as a junior counsel, working almost exclusively in family law. She abandoned the challenge of a career at the Bar when many of the barriers and difficulties for women remained.
``I think Hazel would have found her new appointment easier and less cause for anxiety if she had chosen to spend long enough at the Bar to gain that experience which many people regard as indispensable.''
However, Sheriff Sinclair, now 85, cited the new judge's extensive experience as a sheriff and temporary judge and added: ``Hazel really is an outstandingly able person and held in the highest regard for her character, personality, and ability. This is a very well deserved appointment.''
Mr Menzies Campbell, the Liberal Democrat Scottish Affairs spokesman and a Queen's Counsel, described Ms Clark's comments as ``wholly misplaced'' and said they did no justice whatsoever to Hazel Aronson's undoubted intellectual ability and all-round experience.
``This is an unwarranted and I'm afraid rather tasteless reflection on Miss Aronson, which most people in the legal profession in Scotland will dismiss out of hand.
``The Lord Advocate would not have recommended Miss Aronson for this appointment if he had not been fully satisfied about her ability for the job.''
Mr Campbell added that the remarks were particularly strange in view of the fact that the Labour Party, for whom Ms Clark is to stand at the next election, had consistently argued for the appointment of a High Court woman judge in Scotland and that judicial candidates should not necessarily be appointed from the ranks of the practising Bar.
The new judge's son also defended his mother against the attack from Ms Clark.
Mr Nick Cosgrove, 23, dismissed Ms Clark's comments as ``sour grapes''.
He added: ``I cannot speak for mum but it just sounds catty to me. It is very hurtful. Sour grapes. It doesn't help the case of women in the professions who have broken the glass ceiling, as mum has, to have another woman criticise her like this. It would be beneath mum's dignity to react to comments like this. It is Ms Clark who ends up looking stupid.''
Ms Aronson's sister, Mrs Danielle Glasser, 42, a Glasgow solicitor, also dismissed Ms Clark's criticisms. Mrs Glasser, a Reporter for the Children's Panel and a non-executive director of Glasgow's Victoria Infirmary, said: ``I think that is absoloute rubbish but we are all entitled to our opinion and Lynda Clark is entitled to hers.
``As another woman lawyer, I think Hazel gives hope to other women that they too can make a success of their careers if they work hard. I think this is sour grapes completely - the timing is very poor.''
Lady Cosgrove, 50, was educated at Glasgow High School for Girls and took her law degree at Glasgow University. She was called to the Bar in 1968, has been a sheriff since 1979 and a temporary High Court and Court of Session judge since 1992.
