The recruitment crisis facing the judiciary could worsen in the next few years after it emerged that the proportion of judges considering quitting the bench before they reach compulsory retirement age has increased.

The 2022 UK Judicial Attitude Survey, published earlier this month, found that 43% of salaried judges are considering quitting early, up from 31% in 2014.

Of those considering an early exit, 54% were senior circuit judges, 48% were circuit judges and 47% were district judges in the county court.

The largest proportion of tribunal judges intending to leave early sat in the upper tribunal.

The top three factors for quitting were increase in workload, reduction in pension benefits and limits on pay awards, closely followed by stressful working conditions, further demands for out of hours working and reduction in administrative support.

The number of judges ruling out an early exit has fluctuated – from 37% in 2014 to 46% in 2020 to 41% last year. Higher remuneration was the top reason for staying, followed by better administrative support and reduction in workload.

The lord chief justice spoke about recruitment challenges at an evidence session with the House of Commons justice select committee last November.

Lord Burnett of Maldon said the Judicial Appointments Commission did not recommend all the Crown court judges the judiciary would have liked. For three years the number of district judges needed had not been recommended. An insufficient number of fee-paid judges were successfully applying for salaried posts.

The survey found that 64% of salaried judges and 37% of fee-paid office holders said working conditions have worsened since 2020.

Burnett told the committee last November that the ‘raw’ working conditions were undoubtedly affecting recruitment. ‘If you are working in a firm of solicitors or barristers’ chambers the chances are that if the roof leaks somebody will mend it fairly fast. If the loo does not work somebody will mend it. And if your computers do not work somebody will make them work that day… I am pretty sure that the degeneration of the physical working environment in many courts is having an impact.’

 

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