A transparent judicial recruitment process is in the public interest, a tribunal has declared - after ordering the Judicial Appointments Commission to disclose material requested by a journalist under the Freedom of Information Act.

In Professor Barnie Choudhury v The Information Commissioner and Judicial Appointments Commission, published last week, the first-tier tribunal (general regulatory chamber) said it was important for the public ‘and world at large’ to have faith in the judiciary of England and Wales. ‘Therefore, it is in the public interest for there to be transparency in the systems giving rise to appropriate levels of accountability,’ the tribunal said.

Choudhury, editor-at-large of media publication Eastern Eye, requested various information under the Freedom of Information Act in relation to separate proceedings brought by solicitor-judge Abbas Mithani against the JAC. The tribunal said Choudhury, who had full access to the open bundle in that case, was concerned the JAC was withholding documents he thought should be publicly available.

Choudhury requested all situational questions and specimen answers for deputy high court and specialist circuit judge selection exercises in 2021, 2022 and 2023 and the scoring framework to mark candidates.

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The JAC said disclosure was not in the public interest as it would prevent material being used for future competitions and place additional burden on judicial resources that produce the information. The Information Commissioner’s Office upheld the JAC's decision.

However, the tribunal said it could not conclude, based on the evidence, that the materials are reused or likely to be used.

‘Where exam papers/situational questions and their score sheets are available for public and wider judicial scrutiny, the public can have faith in the processes’, the tribunal said. Reusing questions would put repeat candidates at an advantage over first-time candidates and more material in the public domain would put candidates on an ‘equal footing’.

The tribunal also ordered the JAC to disclose communications, requested by Choudhury, leading to the resignation of former chief executive Richard Jarvis. However, the tribunal ruled that other requested information, such as other parties’ legal costs and diversity data, were exempt from disclosure.

Choudhury was represented by Jacob Meagher of 1EC Barristers.

 

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