QC AND JUDICIAL APPOINTMENTS: commission backs creation of independent body

The Queen's Counsel and judicial appointments systems create a wide picture of systematic bias against solicitors, women and the ethnic minorities - and the creation of a proposed independent appointments commission will only begin to address this, according to a major report released last week.

The annual report of the Commission for Judicial Appointments (CJA) - which was widely welcomed by lawyers - found that the system for the appointment of silks was tainted by uncertainty over the criteria required.

It was also seen as being weighted in favour of the views of the senior judiciary.

In addition, the audit trail of many decisions was viewed as inadequate.

Those consulted about candidates 'may be influenced by a perception...

that applicants need to fit a "silk mould" - ie, conform to expectations as to appearance, accent, dress, educational or social background or other factors beyond the stated criteria', the report said.

It added: 'We do not feel that "trickle up" is producing greater diversity among the ranks of Queen's Counsel.' It repeated this warning in relation to judicial appointments.

Only eight of the 651 awards of QC granted since solicitor-advocates became eligible for appointment (1%) have been awarded to members of the larger branch of the legal profession.

The report said there were wider issues relating to solicitors that need to be accounted for beyond the problems of the appointments system.

These included the possibility of 'career blight' affecting partners who take positions on the judicial bench, as partner colleagues might react negatively.

The report also highlighted a lack of exposure that solicitors have to those automatically consulted on judicial appointments.

These obstacles require action from government, the proposed appointments commission, the judiciary and professions, the report said.

Sir Colin Campbell, chairman of the CJA and Nottingham University's vice-chancellor, said: 'We welcome and congratulate the government on its decision to move to an independent appointments system for judges.

But independence is not an end in itself.

The new body must apply the principles of best human resources practice and enjoy the confidence of all its stakeholders.'

Law Society President Peter Williamson said: 'We welcome the report, which provides further evidence of the need for a radical overhaul of the judicial appointments system.'

LINKS: www.cja.gov.uk

Jeremy Fleming