ONLY a year has passed since Andrew Hardie was installed in the ancient and powerful office of Lord Advocate, the latest in a distinguished line that can be traced back to 1483.

But he already has a pretty good idea of how he would like to be remembered.

''I hope I go down in history as someone who has preserved the independence of the office.'' That quality of independence will be crucial in two of the most important roles the Lord Advocate will have to play under

a new Scottish Parliament - head of

the prosecution service and the man who, in reality, appoints our judges

and sheriffs.

Already there have been rumblings in the solicitors' branch of the legal profession about some of Lord Hardie's appointments to the shrieval bench, ammunition perhaps for those who want to see the whole process opened up to public scrutiny.

One suggestion is that there should be a judicial appointments commission consisting of members of the judiciary, including sheriffs, the executive of the Scottish Parliament, the legal profession, and people of distinction from other walks of life. The commission would receive job applications, conduct interviews, and perhaps also hear complaints and have disciplinary powers.

Lord Hardie told The Herald: ''I wouldn't set my face against a judicial appointments commission if that's

what the Scottish Parliament

decided, and I think it is up to the Scottish Parliament.''

To most people, the present system of judicial appointments is a closed book, but Lord Hardie is prepared to defend its merits and insists there is no great mystery involved.

''As far as appointing Senators (High Court and Court of Session judges) is concerned, the thing to remember is that Scotland is a very small jurisdiction. The system has always been that the Lord Advocate discusses and takes soundings from the Dean of the Faculty of Advocates and the Lord President of the Court of Session.

''The Lord Advocate doesn't just think of a name. There are usually

two or three names that would be discussed and the Dean or the Lord President might point out a particular strength or a particular weakness of

a candidate.

''The Lord Advocate would then go to the Secretary of State with a recommendation. He could refuse to accept it but I'm not sure if that has ever happened.''

He points out that jobs for permanent sheriffs are advertised so anyone with 10 years' experience as a solicitor or an advocate can apply.

''These applications go to the Scottish Courts Administration and are sifted.

''They're circulated to all the Sheriffs Principal and a lot of the applicants

are people who are temporary

sheriffs, so the Sheriffs Principal

have a lot of information about a lot

of the candidates.

''That is then fed into the equation and after that I would have a discussion. I don't see the list

until the Sheriffs Principal have

been consulted.

''I then consult the Lord President and again he would have views about particular people - about their strengths and weaknesses.

''If you are appointing people who essentially have been temporary sheriffs for a number of years it would be surprising if people didn't know their strengths and weaknesses. You can rest assured that the sheriff clerks will speak to the Sheriff Principal and I don't know what soundings the Sheriff Principal takes, for instance.

''I suppose people don't know that's how it works, but it is probably more democratic than people think.''

While permanent sheriffs are in

with the bricks, the performance of temporary sheriffs is reviewed

annually and the Lord Advocate

of the day can decide not to

renew their commissions.

Lord Hardie decided to bring in new candidates to see how they performed on the shrieval bench and emphatically denies any accusation of jobs for the boys (or girls).

''There is a balance and there are more solicitors who are temporary sheriffs than there are advocates.

There are more advocates who are permanent sheriffs.

''When you look at the ones that I have appointed to the permanent shrieval bench I think there are something like five silks (Queen's Counsel), one junior, a fiscal, and a solicitor. So I am not setting my face against appointing solicitors.

''The fact of the matter is that I

have tried to decide in consultation which candidate is the best for that particular vacancy.''

HE ADDS: ''I would hope it's not the old boys' network and if you look at the permanent appointments I've made and analyse their backgrounds you would find that very few - if any, as far as I'm aware - were particular friends of mine.

''They were also not political allies.''

Independence, again, he sees as the riposte to the criticism that it is invidious to ask a member of the Government to be head of the prosecution service at the same time.

What if he has to prosecute a member of the Government or the Scottish Parliament, or a prominent member of the Opposition? ''You've got to get someone who'll assert their independence and who will remain aloof from politicians when it comes to prosecution,'' Lord Hardie insists.

''I can honestly say that in the year that I been in office there has been no political pressure.

''The real question is, 'Have you someone who will assert his independence and who has the confidence of the court?' As long as you appoint the right man or woman to the job you should have nothing to fear.''