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GAZETTE
i-
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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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