The Anonymous Widower

The Choosing of Judges

The Times today is arguing that judges are generally male, white and Oxbridge and that this is wrong. I will probably agree that we need a broader judiciary, but not with a lot of their reasons.

My late wife was a reasonably successful barrister and she was asked many years ago to take the first steps to becoming a judge. At the time, she was happy in her work, and as she had other responsibilities like breeding racehorses, that fitted well with her career,  she declined.

As The TImes argues we may choose our judges from a rather limited pool, but how many of the really creative legal minds, much prefer to form their own career, outside of the legal mainstream. I know one very capable barrister, who went into commerce, chaired a large plc, and now acts as an international mediator.  He may or may not have made a good judge, but like many he found the confines of the traditional law, a desert for his creativity.

I have known several judges well.  They find the job well-paid and pensioned and in general they enjoy it.  But many do find it rather routine and lacking in creativity.  And when they are creative, like a judicial friend was, very much to general acclaim, they are slapped down by those that run the Lord Chancellor’s Department.

 So in some ways the job chooses the sober line-toeing minds, who want a decent pension and many of those who would make excellent judges make other and better career changes.

July 6, 2011 - Posted by AnonW | World | Law