July 2, 2004: Choosing Judges: An Opaque, Biased and Outdated System?
An independent report which is highly critical of the appointments process for the senior judiciary has just been published. The Commission for Judicial Appointments has examined every stage of the judicial appointments process in 2003. While the report argues that the “senior judiciary in England and Wales has an unrivalled reputation for integrity and intellectual ability”, it nevertheless acknowledges that “members of the High Court bench are predominantly white, male and drawn from a narrow social and educational background”. Given that a Black or Asian high court judge has yet to be appointed in either England or Wales, it is hardly surprising that the report argues that the mechanism by which judges are selected is considered to be "opaque, outdated and not demonstrably based upon merit".
In the current system, candidates for the judiciary may either formally apply for appointment or be nominated (without their knowledge). Out of a total of 175 judicial candidates in 2003, 92 applied, while 83 were nominated. There were only 25 female candidates. Five out of the total of nine candidates offered high court posts were nominees, while no less than three were nominated by the lord chancellor.
The report argues that in future all vacancies should be advertised and all candidates should apply. It recommends that an independent human resources expert should advise on drawing up a new selection process, which should require applications and consideration of candidates' abilities against specific criteria/competencies. There should be self-assessment, references, appraisals, interviews and possibly testing to establish their suitability. The report looks forward to a new process “with a job and person specification”. Short-listed candidates should be invited for interview by an appointments panel, comprising a combination of judicial and high level human resources expertise, and lay members.
The impact of these recommendations remains to be seen.