JABS steering group tackles barriers to the bench

A diversity steering group has set out proposals to help overcome barriers to a judicial career in a report (attached) published on Wednesday, 11 March 2015.

The Judicial Appointments Board for Scotland (JABS), in partnership with the Judicial Office for Scotland, the Law Society of Scotland and Faculty of Advocates, has outlined a range of proposals in a report from the conference ‘Merit and diversity – compatible aspirations in judicial appointment?’ held in 2014.

Sir Muir Russell, chairing member of the Judicial Appointments Board for Scotland, said: “Everyone agrees that judicial appointments should be made on merit. However we know that there is increasing importance placed on diversity of representation, not just in employment but on the boards of companies and in public appointments.

“We set out to examine what, if anything, should be done to increase diversity in judicial appointments at our conference last year. Today’s report highlights the issues raised at the conference and provides an excellent platform for further discussions with individuals and organisations. We are keen to get feedback on the report and about the areas of work we should undertake to help increase diversity.

“It is essential that our judges are respected for fairness and justice in their decision making, regardless of their gender or background.

“That said, we believe that we need to tackle existing barriers, whether real or perceived, and consider what can be done to encourage a wider pool of candidates to consider applying for judicial posts. There are many talented individuals who have high levels of knowledge and experience and have the right skills to be able to make sustainable judicial decisions, but who may not think that a judicial post is for them for any number of reasons, from wanting to work part-time to being unaware of the routes to a judicial post and don’t realise the opportunities that there are for them.

“We also want to dispel some of the myths that persist around judicial appointments, such as the idea that you need the right connections or there is a preference for advocacy skills over decision-making skills. In reality it is an independent selection process which has been designed to test a range of competencies, with all recommendations to Scottish Ministers made solely on merit.”

A number of steps have been taken by the Diversity Steering Group since the 2014 conference, with suggested proposals including:

• Examining the feasibility of part-time or flexible working
• A shift from all-Scotland appointment to a fixed appointment or appointment to an individual sheriffdom
• Increased training and guidance (pre and post appointment)
• Promoting positive role models to encourage prospective candidates
• Judicial mentoring or shadowing in court
• Targeted outreach to encourage applicants among under-represented groups

Alistair Morris, president of the Law Society of Scotland and member of the Judicial Appointments Board for Scotland, said: “There has been significant work done since last year’s conference and the proposals and actions outlined in today’s report provide further food for thought on how we can work towards increasing diversity.

“Ensuring we have a good understanding of what ‘merit’ actually means in terms of the skills and characteristics required for a judicial post is key to the appointment process. Removing any unnecessary barriers, improving the application process and increasing the support and training available for would-be judges will also help to encourage a wider range of candidates not only to apply for judicial posts, but succeed in their application.”

Responses to the report should be sent to Dorothy Smith by email at dorothy.smith@jabs.gsi.gov.uk