By Rachel Rothwell and Catherine Baksi


Solicitors are at a 'serious disadvantage' when it comes to senior judicial appointments, the Law Society warned this week - as it also emerged that only one solicitor has been made silk in the latest QC appointments round.



In a damning assessment of the impact and performance of the Judicial Appointments Commission (JAC), the Law Society noted that the district judge position, which is relatively low in the judicial hierarchy, has become a 'glass ceiling' for many solicitors.



The Society's response to a government consultation on judicial appointments asserted that the 'disproportionate weight' given to the views of judges is having a negative effect on the numberof solicitors, women and ethnic minority lawyers appointed to the bench. It said that the use of judges' references gives the impression that 'secret soundings' are still taking place, adding that the JAC's policy of seeking references before a candidate is interviewed could breach an employment law code of practice.



The Law Society noted that 'the government still retains too much influence over the JAC', and suggested that the Commission has not acted on a previous pledge to recruit its own staff from outside the civil service.



It also criticised the 'unacceptably lengthy' nature of the selection process, with some appointments taking 22 months.



Law Society President Andrew Holroyd said: 'The establishment of the JAC was an opportunity to sweep away the old and bring in the new; an opportunity which has not yet been fully realised.'



A JAC spokeswoman said the Commission has reduced the time taken to select candidates and will be focusing on improving current arrangements to offer a better

service. She added that the Commission has taken on new staff from outside the civil service.



Meanwhile Paul Mitchard, international arbitration partner at US firm Skadden Arps Slate Meagher & Flom, was the only solicitor to be awarded QC status this year.



Just six solicitors applied to become QCs, out of 333 applications, while there were only four applications from ethnic minority lawyers, and 20 from women.



Only 98 silks were appointed overall, 77 fewer than last year.



Mr Mitchard told the Gazette he was honoured by the appointment, adding that the 'rigorous process' is 'focused almost entirely on advocacy, which will tend to favour those who are frequently appearing in big cases'.



Lucy Scott-Moncrieff, a solicitor member of the QC appointments panel, said it was 'disappointing' that more solicitors had not been awarded silk, but said she did not think solicitors were being treated unfairly.



'I am confident that as time goes by and more solicitor-advocates go through the system and gain seniority, the proportion of successful solicitor applicants will increase,' she added.