set to become president of the Court of Appeal.

He is believed to be the first Bermudian appointed to the post.

Outgoing president, the Hon. Sir Denys Roberts, has been in the position since October 1988.

In the House of Assembly on Wednesday, Opposition leader Mr. Frederick Wade told MPs he had seen a letter disclosing the appointment.

He described the appointment as "incestuous,'' saying he was opposed to a Bermudian being given the job.

"The Court of Appeal is one area where we don't want a policy of Bermudianisation,'' he said.

He added the Court of Appeal should be made up of non-Bermudians who could take an independent look at court cases.

"If Sir James is too old to be Chief Justice, how is he old enough to be president of the Appeal Court?'' Mr. Wade also said he had heard rumours other justices on the Appeal Court were retiring.

Yesterday it was confirmed Governor Lord Waddington intended appointing Sir James -- already a Court of Appeal judge -- to the presidency.

"It's just a matter of crossing all the `Ts' and dotting all the `Is','' he said.

"I expect an announcement will be made shortly.'' The spokesman said there was no obligation for political party leaders to be consulted about the appointment.

"It is a decision made by the Governor.'' The spokesman added there was no policy stipulating only non-Bermudians should be President.

"The Court of Appeal is a travelling court and there is a relatively small pool of people qualified to serve on it.'' Sir James was sworn in as a judge on the Court of Appeal earlier this year.

He could not be reached for comment yesterday.