by Frances Kirkham, a senior circuit judge and JAC commissioner

Today, the Judicial Appointments Commission (JAC) and the Law Society have announced a joint plan to support more solicitors who wish to join the judiciary.

As a senior circuit judge from a solicitor background, and a JAC commissioner, I am very keen to see this plan work. I am stepping down from the bench and commission at the end of this month after a rewarding and varied judicial career, which I feel many solicitors would also enjoy.

The JAC and Law Society have run numerous well-received seminars on judicial appointments over the past few years and we will build on and refine those – taking into account previous feedback. Through the Diversity Forum, the Law Society can now better address problems facing solicitors who want to become judges as they will chair the forum on a regular basis. We are also enhancing monitoring of the professional background of applicants to increase understanding of the pattern of solicitor applications and target action appropriately.

We have increased solicitors’ awareness of and access to judicial posts, as shown in the first ever analysis of the appointment of solicitors to judicial roles, also published today. It covers 10 years from 1999 and was a joint project by the JAC and Ministry of Justice. This suggests that solicitors are performing better in selection exercises for entry and middle-ranking posts under the JAC selection process than before; and in senior appointments, such as High Court judges, more solicitors have been selected since 2006 than in the period immediately before.

What is disappointing is that the analysis also shows there has been little difference in the percentage of solicitors applying for most roles over the past 10 years. As lord chief justice Lord Judge said in December, the JAC can only choose from those who apply for appointment. He added: ‘I have tried terribly hard to get solicitors working in the major firms… to apply for appointment as a judge… I cannot persuade the major City firms that this is a sensible route.’

We know there are systemic barriers to solicitors becoming judges, which are greater than any one organisation’s ability to fix. Research commissioned in 2009 showed half the barristers surveyed (49%) expected to apply for judicial office at some point, while only 20% of solicitors said they were likely to apply. Some 80% of barristers believed they would be supported by their chambers, while only 45% of solicitors said the same about their firms.

There needs to be a culture shift in firms to recognise the benefits to clients of solicitors having judicial experience, and to see such appointments as contributing to a firm’s corporate social responsibility activities. And as solicitors in City firms are leaving practice at an increasingly young age, their firms should be encouraging them to consider judicial work as the next option. Solicitors have just the sort of skills a good judge needs, for example effective case management.

As I became a full-time senior circuit judge, I found one of the huge pleasures was how loyal and supportive judges are. It has been a joy to concentrate on the law and not marketing. I have also found it refreshing to take on a broader range of work than I could enjoy in private practice.

I joined the JAC because I am passionate about equality and doing what we can to ensure better representation of all under-represented groups, including solicitors, in the judiciary. We have made incremental steps through outreach events and other activities in drawing attention to the possibility of judicial appointment for many people who never dreamed of applying.

The JAC, with the Law Society and its satellite groups, now need to keep plugging away to build on the progress made. We will be working together to find fresh ways not just to encourage solicitors to apply and firms to be supportive, but also to help solicitors better identify the right time to apply, and the right job, so they have the best possible chance of success. I want to see lots of solicitor judges filling my shoes.

Her Honour Judge Frances Kirkham is a senior circuit judge and JAC commissioner