The Gazette 1996

GAZETTE

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AUGUST/SEPTEMBER 1996

V I E W P 0 I N T

Training Judges

The recent establishment of the Judicial Appointments Advisory Board was a very welcome improvement in the manner in which our judiciary are appointed. Following the recommendations of the Board, the Government recently appointed four new High Court judges and nine Circuit Court judges of whom three were solicitors. With the appointment of so many new judges, the public may ask what is done to prepare these new judges for their new onerous roles. The stark answer is: nothing. To date, we have been very fortunate in the many excellent judges who have served the country exceedingly well. As one retired judge has stated, "The qualities of a good judge, apart from a good knowledge of the law, are fair mindedness and patience and courtesy. No training will instill these in someone who hasn't got them". However, there is support among members of the present judiciary for further training and education, for example, in computer technology and in new and complex legislation which is emerging all the time. In England, as far back as 1978, a report of Lord Justice Bridge recommended training for judges and this resulted in the creation of the Judicial Studies Board, the body in charge of training some 60,000 judges and magistrates in England and Wales and which is headed by Lord Justice Henry. He believes that there is a growing demand for courses, not just for new Judges, but also for continuing refresher courses as well as specific courses geared to new laws. In addition, the proposals of Lord Woolf, which would make judges "trial managers", "would require training for judges in moving them from being back-seat passive referees to taking the wheel in trials and steering them". Judge Sumner , who as been appointed

to the new post of Director of Studies says "the old view that common sense and courtesy is enough has gone. We have got to go beyond that and understand people's perceptions". In a survey of 2,500 judges, it was found that only a handful were hostile to training. In other European jurisdictions, career judges attend full time courses from anything between four and six years. Direct entrants - from the professions or otherfields - are required to train for up to a year and in France, for example, even this is not considered sufficient. Trainees are salaried. Appointment following training is not guaranteed. Refresher training for one or two weeks a year is typical and there is significant emphasis on field placements with other agencies such as the police, social services and penal establishments. However, even the existing training of judges in England is minimal. It is almost exclusively concerned with mechanics, the dissemination of factual material or new legislation and sentencing tariffs. Following appointment, formal training lasts a week and is usually coupled with a visit to a prison and a young offender's institution. There is also an interview with a probation officer and a further week spent shadowing an experienced judge. No trainee judges have ever failed. It is now likely that the Judicial Studies Board will expand and increase the training of judges in England and Wales. Meanwhile, our unfortunate colleagues on the bench in Ireland are left to fend for themselves. As a general election is looming within the next twelve months or so, perhaps one or more of our political parties will raise the subject of judicial training as an election issue. Finally, after our judges receive some training, who is going to evaluate their performance? It must be possible to

devise a form of performance appraisal which is compatible with judicial independence. This is an issue which should be addressed. •

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