Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. For members
  3. Journal Archive
  4. Issues
  5. July 2018
  6. Judicial appointments: the concerns remain

Judicial appointments: the concerns remain

Did the chair of the Judicial Appointments Board for Scotland make a convincing case for the Board’s selection processes in her Journal interview last month? One solicitor thinks not
16th July 2018 | Douglas Thomson

May I make a few observations on the content of the interview with the head of the Judicial Appointments Board at Journal, June 2018, 12?

It was interesting to learn that the person tasked with heading the body appointing judges in courts appears to have had no meaningful involvement whatsoever with the court system prior to appointment, and at an early stage expresses pride in the Board’s information management system, rather than on the enhanced quality of judicial ability demonstrated by the persons appointed. While the key question is identified, namely “What makes a good judge?”, a number of her assertions might be considered surprising within the profession.

In her view it is appropriate for professionals seeking appointment to a role that, in its initial stages, will inevitably involve sitting as sole decision-maker, to seek the “support” of professional organisations or colleagues. Needless to say no evidence is offered that this will enhance the quality of applicants as opposed to applications. The Board is comfortable that in respect of self-reporting it can appropriately test “credibility”. When appointing persons to make decisions that may affect every aspect of an individual’s life I, and I suspect many others, would be happier to know that something more than the quality of being convincing or believable is required.

The attrition rate of 88% based on the written self-assessment referred to by the writer of the article at Journal, February 2018, 18 is ignored, as is the issue of English-style written tests of legal knowledge. Instead, she states that the Board gives candidates “scenarios and say what would you do”, omitting any comment on the fact that only 12% of applicants reach this stage. The chair states that “the dialogue with the profession is really important to us”. I am prepared to stand corrected, but I am not aware of my local faculty ever being invited to make representations to the Board or having a member of the Board attend for discussion.

Having identified that the key to the Board retaining the respect of the profession is the appointment of good judges, there seems to be little recognition that issues of poor temperament and lack of suitability for office have been raised in respect of a number of recent appointments. This surely must be a greater concern than appears from the rather bland comments. Surely it remains essential that persons appointed hold the respect of the bench and bar before whom they appear, and have been able to demonstrate a judicial temperament and ability to deal appropriately with court users before, rather than after appointment?

I should perhaps concede that I have been interviewed for judicial office, but found my experience at odds with the aspirational words here.

The legal profession in this country deserves more than the series of clichés (“bring something to the party”, “putting their best foot forward”) and absurd metaphors (one does not “look across” a number of yardsticks – they are a measuring tool) presented here. It is perhaps fortunate that I am closer to the end than the beginning of my career, as my confidence for the future of the law and the legal profession diminishes daily.

The Author

Douglas Thomson, solicitor advocate, is a consultant with McArthur Stanton, Dumbarton.
Share this article
Add To Favorites
https://lawware.co.uk/

In this issue

  • Cross-border maintenance claims: a sprint and a marathon
  • Community right to buy: the new scope
  • Missives: time to add a penalty
  • A tall but true tale: Charles Byrne, the Irish Giant
  • Toronto: the Scottish perspective
  • Reading for pleasure
  • Opinion: Amanda Ward
  • Book reviews
  • Profile: Heather McKendrick
  • President's column
  • Keeper addresses key issues
  • People on the move
  • 250 and counting
  • Keynote legal excellence
  • Strategic thinking?
  • Recovery of electronic documents: time for guidance?
  • The perils of parking
  • Judicial appointments: the concerns remain
  • Undefended claims: the limits of intervention
  • Statutory guidance: it’s coming back
  • LBTT group relief: a retrospective fix
  • Putting the squeeze on rejections
  • Community right to buy land: a PSG update
  • The Planning Bill: a case for further development
  • Legal's leading role
  • Global picture
  • ICW: the Scottish perspective
  • First-time buyer relief: a Revenue Scotland update
  • Public policy highlights
  • Scots host four-way golf international
  • Conveyancers beware!
  • Ask Ash
  • Expenses: a bone of contention
  • R is for... ?
  • Paralegal pointers

Recent Issues

Dec 2023
Nov 2023
Oct 2023
Sept 2023
Search the archive

Additional

Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited