Scotland's former top law chief applied to be a judge months before she quit

By GRAHAM GRANT, SCOTTISH HOME AFFAIRS EDITOR Published: 19:48, 17 July 2026 | Updated: 19:54, 17 July 2026 Scotland's former top law officer applied to be a judge up to six months before she quit. Dorothy Bain, KC, said in mid-May that she intended to leave her post after five years as Lord Advocate – and formally resigned a month later. She was appointed a judge by King Charles at the end of June following a recommendation by John Swinney. It has now emerged that Ms Bain applied for the role between December 8 last year and January 7 this year. She faced calls to quit in late February after it emerged she had ‘tipped off’ the First Minister about the embezzlement indictment against former SNP chief executive Peter Murrell before the details became publicly available. Her application for the bench was backed by the Judicial Appointments Board (JABS). Detailed allegations against Murrell – Nicola Sturgeon’s estranged husband – only became public knowledge in February when the charges against him came to light. But it emerged Ms Bain had previously sent an email to Mr Swinney outlining the charges, sparking a row over possible bias. Dorothy Bain KC prepares to take her seat in the Scottish Parliament  Ms Bain had previously sent an email to John Swinney outlining the charges Ms Bain then published documents revealing she had given details of the case to Mr Swinney – who is also the SNP leader – in March 2025, as Murrell made a private court appearance. The Scottish Tories said the disclosures – published by the Crown Office and Procurator Fiscal Service – showed ‘sleekit Swinney’ was getting ‘secret information’ about the ‘highly sensitive’ case against Murrell, who was jailed last month for more than five years after he admitted embezzling around £400,000 from SNP funds. One legal source said: ‘There’s nothing inherently wrong with anyone applying for a new job while they are employed in another one but a) this looks accelerated and b) doesn’t fit with the opaque “standing down” announcement if she already knew she was heading for the bench.’ The Scottish Government said there is ‘no basis to this accusation’. Tory justice spokesman Stephen Kerr said: ‘This whole episode stinks of the SNP establishment looking after its own. ‘The public deserve answers about the true timeline of this situation, especially given how, as Lord Advocate, she tipped off John Swinney about Nicola Sturgeon’s thieving husband. Was proper scrutiny applied while she was also applying to be a judge? ‘This revelation underlines why the Scottish Conservatives have repeatedly called for an end to the Lord Advocate’s conflicted dual role [as a law officer who can attend Cabinet].’ The Crown Office referred inquiries to JABS. JABS said it could not disclose the date of Ms Bain’s application but added: ‘We can confirm that the period inviting applications ... opened on December 8, 2025, and closed on January 7, 2026.’ It means the earliest opportunity for Ms Bain to apply would have been early December last year, six months before she quit.