Judgment set aside because a lay judge had been appointed by the wrong body

In a criminal case involving drunk driving, the Court of Appeal had used a lay judge who had not been appointed by the municipal council, but by the municipal election committee, which prepared the election cases in the municipality. The Supreme Court found that members of the lay judge committees must be appointed by the municipal council itself, see section 66 subsection 1 of the Courts of Justice Act. The appointment cannot be delegated to subordinate bodies. The error was an absolute reason for setting aside the judgment, see section 343 subsection 2 (3) of the Criminal Procedure Act. The Court of Appeal's judgment and the appeal hearing were set aside.

Read the whole judgment (Norwegian only)

Area of law: Criminal procedure. Section 66 of the Courts of Justice Act. 

Justices: Webster, Falkanger, Falch, Høgetveit Berg, Steinsvik