Not for the first time, I find myself bewildered by James Morton's musings. (see [2004] Gazette, 1 July, 15).
On the subject of prosecutors as judges, he warns that 'talent as a prosecutor will not necessarily translate into judicial talent'. Is talent as a defender any different?
He asks 'who will be lucky enough to get the director's nod of approval?' Whose nod of approval is needed to secure appointment now? Why, if the Director of Public Prosecutions is to be consulted, is his view likely to be less balanced, disinterested and informed than any other consultee?
The jibe that the prospect of judicial achievement 'may be good for recruiting purposes, but...' really gives the game away. Mr Morton is wedded both to the past and to a legal class system in which prosecutors are treated as second-rate lawyers, hopelessly blinkered by their practice, and not to be allowed access to higher responsibilities.
Ask your friends who are still in practice, Mr Morton, and you will discover that prosecutors are taking advantage of their new access to Crown Court advocacy and demonstrating their equality. So will they if they are allowed to be appointed as judges.
Ian Francis, Law Society Council member, Norfolk
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