Challenging the myths
The following transcipts are from a series of interviews undertaken by the Law Society Gazette with the aim of challenging some of the myths surrounding judicial appointment.
Extracts were published as part of a Gazette supplement detailing the process and opportunities around Judicial appointments.
Comments from judges
The following comments describe two solicitors' experience of becoming a judge:
'I think solicitors have become more specialist and that narrows your field of work and then when you start to sit as a judge you have got to be available to do a much wider range than your practice. You are learning all the time as you face new situations. And you have to use your knowledge and intellectual ability and your knowledge keeps growing.'
'I knew nothing about immigration when I applied for it, because you can pick it up. I knew nothing about financial regulation when I started off, but actually what they're looking for is a generalist, somebody who knows about evidence and procedure on the basis that if you've been doing it for seven years in whatever field. You're probably intelligent enough to pick up the actual law, as long as you've got the procedure and the evidence under your belt, which you should do after seven years.'
Case studies: Recorders
In the following case studies, solicitors write about their experience of becoming a judicial Recorder:
Case study 1: Heather Baucher
'I've been a Recorder in criminal law for more than three years and I love the work. It is very challenging and requires my total commitment. I have to deal with a broad range of mostly vulnerable defendants as well as witnesses and jurors. It is up to me to make sure that the jurors know what's happening and understand the arguments put forward by counsel so I must engage with them fully as the trial progresses.
'I am a solicitor working for a large and successful law company so my maincareer is also a major commitment. I applied for the position of Recorder because I am successful in my company, a senior partner at the top of my tree, and I wanted to find a new challenge, something to stretch me. In a number of respects it has been harder for me as a solicitor to become a Recorder than it should normally be for a barrister, not least because doing the work costs me money. My firm receives less for my work as Recorder than I would normally bill for my company in the same time.
'My field at work is civil law so I had a vertical learning curve at the outset to gain an understanding, not only of criminal law, but also of court procedure. Barristers have the advantage of spending considerable time in court, and those working in criminal law are even further ahead. Even before starting on the induction training I did a correspondence course in criminal law and I continue to take the major criminal law journals and read a great deal. Unlike barristers I do not have colleagues at work with whom I can bounce ideas. This said, the other judges at the crown court are extremely helpful if ever I need any guidance.
'I would describe the work of a Recorder as a privilege. You've got to accept that you need to put in a lot of hard work and you have to be totally committed. You must also plan your time well, and organise your sittings in advance. But there isn't a single aspect of the day's work that is not rewarding. I think it complements my main work and makes me a better lawyer.'
Case study 2: Peggy Ray
'I'm one of a few Recorders working exclusively in family law who joined the south-eastern circuit in 2007. In this position I deal primarily with children cases. I run my own practice as a solicitor where I'm also a specialist in family law. Becoming a judge meant that I had to revisit a few areas of law that I had not been acquainted with since early in my practice but otherwise I'm in a realm in which I have a great deal of experience.
'I have not been a Recorder long. I'm really quite new to it but I have thoroughly enjoyed the work. I've dealt with litigants in person, cases involving private law, domestic violence and public law. It is a completely different world being on the judge's side of the court. You have a different approach to witnesses; for example. You are trying to elicit information to throw light on the case not to strengthen your own case. The most unexpected aspect of the role initially is your position of complete authority over the court and that takes some getting used to. Being in charge gives you a broader perspective. You see parents, social workers, advocates and witnesses involved in the case in a different way.
'The cases themselves may be complicated but I am used to that in my practice as a solicitor. More to the point, it is your responsibility as a judge to thread your way through all the evidence and legal complexities to make what are sometimes hard decisions. I start making assessments early in the case and then give myself time at the end to prepare a judgment. This is demanding work; you have to set out your interpretation of the evidence, both oral and written and the legal framework for your decisions. Your decisions are likely to affect a family for a very long time. It is a major decision to remove a child from its parents for its own safety and well-being. When I'm making these decisions I always try to weigh the evidence from the perspective of the child.
'The work has enhanced my practice and changed my view as an advocate. I tend to feel more sympathetic towards the judge now, knowing what their role involves and realising how much detail they have to absorb in comparatively little time and the difficult decision-making involved.'