Official research published today reveals a ‘widespread and underlying perception’ of ‘inherent prejudice’ in the judicial application process and suggests that solicitors still see the bench as a career for ‘other people’.
The study, sponsored by the Judicial Appointments Commission, surveyed barristers and solicitors eligible for appointment. Of the 2,182 respondents, more than half (55%) said there is prejudice in the selection process, and a quarter said that the process is unfair. Only 51% felt judges are selected purely on merit.
Almost three quarters of respondents (72%) agreed that it is more difficult for certain types of people to apply successfully to become judges. Respondents from black and minority ethnic (BME) groups and women saw their race or gender as a disadvantage – while white respondents and men see the same factors as a positive influence. However, white respondents, men and barristers are just as likely to feel disadvantaged, with some seeing the desire to increase diversity as indistinguishable from positive discrimination.
The research supports the commonly held view that the judiciary is a career for barristers. The report points to a ‘massive aspiration gap’ between the two branches of the profession, with half the barristers surveyed (49%) expecting to apply for judicial office, while only one in five solicitors said they were likely to do so. A third of the solicitors (33%) felt a judicial career was ‘not for people like me’.
The report attributed this disparity to the ‘very different working cultures in which they operate’. For example, 80% of barristers felt they were likely to be supported by their chambers, while only 45% of solicitors felt their firms would back them.
Encouragingly for the JAC, which was established in 2006 to increase the diversity of applicants, the research found that four out of 10 BME respondents see being a judge as part of their career path and they are nearly twice as likely as white respondents to say that they are ‘very likely’ to apply (13% compared with 7%). Women were just as likely as men to apply in future (8% for both). Market researcher BMRB said the JAC must tackle the perception that the process is unfair by targeted communication and ‘myth-busting’ with potential candidates.
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