Engendering Justice - from Policy to Practice - The Fawcett Society

Chapter Five:Justice Needs WomenWomen as Workers in the Criminal Justice SystemHowever there is progress. Five of the High CourtJudges recommended for appointment by the JudicialAppointments Commission in October 2008 were womenwhich will raise the number of female High Court Judgesto 17 out of 100 237 (15.5 percent). It is a start but change isstill not happening quickly enough. Significantly, less thanten percent of the entire field of candidates for High Courtappointment in 2008 were female. This low applicationrate will obviously have a significant impact on the pool offemales available for selection for judicial appointment. Asthe Lord Chief Justice remarked, “What we want, and whatthe Commission wants, is the widest possible choice ofcandidates from which to make selections based purely onmerit. And this is the way in which diversity and merit willoperate together.” 238The Judicial Appointments Commission (JAC) should becommended on the progress it has made in improving thejudicial appointments process. However, much work is stillrequired for the JAC to fulfil its statutory responsibility ofencouraging diversity in the range of persons applying forappointment.I think the JAC are doing a good job. I applied to become aDistrict Judge at the age of 34, having sat as a Deputy onlyfor some 9 months and having left the Bar to lecture onthe Bar Vocational Course, so did not fit the typical profileof someone to be appointed, but I was successful.Female Judge, Questionnaire Response, February 2009The advertising and targeted outreach events conducted bythe JAC were recognised by a number of respondents asbeing effective:I was under the mistaken belief that all judges had to bebarristers and older with lots more experience. Variousadverts / marketing caught my eye and made it clear thatit was in fact much more open. 239The Commission also welcomes JAC engagement withgroups such as the Association of Women Barristers, theAssociation of Women Solicitors and groups representingBME lawyers. However, more evaluation should be carriedout on advertisements and outreach events to ensure theJAC is reaching its intended audiences.Table Six – International Examples of Proportion of Female Judges (2008)CourtThe appointments process needs to tackle the substantialdisadvantage faced by women both within the judiciary andwithin the legal profession to have any real impact on thenumber of women applying for appointment. As one femaleJudge commented, “A problem forPercentage of FemaleJudgesEuropean Court of Justice 17%High Court of New Delhi, India 18%Federal Constitutional Court of Germany 19%Constitutional Court of South Africa 27%High Court of Australia 29%NSW Court of Appeal , Australia 30%European Court of Human Rights 31%Supreme Court of Canada 44%many women is the overwhelminglymale culture and conversation ofmost Judges.” 240 While, the genderresponsiveness of the judiciaryshould gradually begin to changewith the appointment of more femalejudges, it is also crucial for all Judgesto be trained in equality and diversity.This will require partnership workingbetween the JAC and the JudicialStudies Board. It is also important toconsider what support is available forwomen after they enter the judiciary.As a Recorder told the Commission:Page 74