Figure 44: representation of ethnicity-profession groups by primary appointment, April 2021.
PDF A GUIDE TO THE FEDERAL MAGISTRATE JUDGES SYSTEM - Federal Bar Association At 1 April 2021, 5% of judges were from Asian backgrounds, 1% were from Black backgrounds, 2% were from Mixed ethnic backgrounds and 1% were from Other ethnic minority backgrounds. White barristers accounted for 35% of applications and 52% of recommendations. This is similar to magistrates in post, where 82% were aged 50 and over, and 49% aged 60 and over. Sec. Counts and percentages therefore cover applications and recommendations across the whole three-year period. , In 2020/2021 there was a large non-legal exercise for disability tribunal members which, because having personal experience of disability was one of the eligibility criteria, contributes substantially to these high percentages. As declaration rates improve, we hope to include more information in future releases. All of this is summarised by the judge-rapporteur and then discussed at the Court's general meeting, which decides: How many judges will deal with the case: 3, 5 or 15 judges (the whole Court), depending on the importance and complexity of the case. Compared to 2014, this is a 4 percentage point decrease among court judges, and compared to 2015 a 4 percentage point decrease among tribunal judges (Figure 32), the majority of judges from a non-barrister background were former solicitors with only 5 court judges and 30 tribunal judges coming from a legal executive or any other legal background, Constituted 27% of applications and 21% of recommendations, Had a rate of recommendation from application that was an estimated 45% lower than that for male ever barristers (indicated by the estimated RRI of 0.55, Figure 36), Constituted 30% of applications and 20% of recommendations - the lowest represented group among recommendations despite being the highest represented group among applications, Had a rate of recommendation from application that was an estimated 52% lower than that for male ever barristers (indicated by the estimated RRI of 0.48, Figure 36), Had a rate of recommendation from application that was an estimated 48% lower than that for female ever barristers (indicated by the estimated RRI of 0.52, Figure 36), Had a rate of recommendation from application that was an estimated 13% lower than that for male ever solicitors (indicated by the estimated RRI of 0.87, Figure 36), Constituted 19% of applications and 25% of recommendations, Had a rate of recommendation from application that was an estimated 7% lower than that for male ever barristers (indicated by the estimated RRI of 0.93, Figure 36), though this was not statistically significant, and we therefore conclude that there was no real difference in progression rates between the groups, Men with barrister professional backgrounds constituted 47% of court judges, 21% of tribunal judges and 39% of judges overall, Women with barrister professional backgrounds constituted 21% of court judges, 16% of tribunal judges and 19% of judges overall, Men with solicitor professional backgrounds constituted 19% of court judges, 29% of tribunal judges and 22% of judges overall, Women with solicitor professional backgrounds constituted 13% of court judges, 34% of tribunal judges and 20% of judges overall, Constituted 9% of applications and 7% of recommendations, Had a rate of recommendation from application that was an estimated 48% lower than that for White ever barristers (indicated by the estimated RRI of 0.52, Figure 41), Constituted 15% of applications and 5% of recommendations, Had a rate of recommendation from application that was an estimated 76% lower than that for White ever barristers (indicated by the estimated RRI of 0.24, Figure 41), Had a rate of recommendation from application that was an estimated 55% lower than that for Black, Asian and minority ethnic ever barristers (indicated by the estimated RRI of 0.45, Figure 41), Had a rate of recommendation from application that was an estimated 58% lower than that of White ever solicitors (indicated by the estimated RRI of 0.42, Figure 41), Constituted 42% of applications and 36% of recommendations, Had a rate of recommendation from application that was an estimated 44% lower than that for White ever barristers (indicated by the estimated RRI of 0.56, Figure 41), Black, Asian and minority ethnic individuals with barrister professional backgrounds constituted 6% of court judges, 5% of tribunal judges and 6% of judges overall, Black, Asian and minority ethnic individuals with solicitor professional backgrounds constituted 3% of court judges, 6% of tribunal judges and 4% of judges overall, White individuals with barrister professional backgrounds constituted 62% of court judges, 31% of tribunal judges and 51% of judges overall, White individuals with solicitor professional backgrounds constituted 30% of court judges, 58% of tribunal judges and 39% of judges overall, Constituted 20% of applications and 18% of recommendations, Had a rate of recommendation from application that was an estimated 41% lower than that for White male ever barristers (indicated by the estimated RRI of 0.59, Figure 46), Constituted 22% of applications and 17% of recommendations, Had a rate of recommendation from application that was an estimated 11% lower than that for White male ever solicitors (indicated by the estimated RRI of 0.89, Table 2.7), though this estimate was not statistically significant, Had a rate of recommendation from application that was an estimated 46% lower than White female ever barristers (indicated by the estimated RRI of 0.54, Table 2.7), Constituted 15% of applications and 22% of recommendations, Had a rate of recommendation from application that was an estimated 3% lower than that for White male ever barristers (though this was not statistically significant and therefore we cannot be confident that this represents a real difference in progression rates between the groups), Constituted 5% of applications and 4% of recommendations, Had a rate of recommendation from application that was an estimated 43% lower than that of White male ever barristers (indicated by the estimated RRI of 0.57, Figure 46), Constituted 4% of applications and 3% of recommendations, Had a rate of recommendation from application that was an estimated 18% lower than that of Black, Asian and minority ethnic male ever barristers (estimated RRI of 0.82, Table 2.7), though this estimate was not statistically significant, Had a rate of recommendation from application that was an estimated 52% lower than that of White female ever barristers (estimated RRI of 0.48, Table 2.7), Constituted 6% of applications and 3% of recommendations, Had a rate of recommendation from application that was an estimated 53% lower than that of Black, Asian and minority ethnic male ever barristers (estimated RRI of 0.47, Table 2.7), Had a rate of recommendation from application that was an estimated 55% lower than that of White male ever solicitors (estimated RRI of 0.45, Table 2.7), Constituted 8% of applications and 3% of recommendations, Had a rate of recommendation from application that was an estimated 21% lower than that of Black, Asian and minority ethnic male ever solicitors (estimated RRI of 0.79, Table 2.7), though this result was not statistically significant, Had a rate of recommendation from application that was an estimated 60% lower than that of White female ever solicitors (estimated RRI of 0.40, Table 2.7), Had a rate of recommendation from application that was an estimated 55% lower than that of Black, Asian and minority ethnic female ever barristers (estimated RRI of 0.45, Table 2.7), White men with barrister professional backgrounds constituted 43% of court judges, 18% of tribunal judges and 34% judges overall (Figure 48), White men with solicitor professional backgrounds constituted 18% of court judges, 26% of tribunal judges and 21% of judges overall, Black, Asian and minority ethnic men with barrister professional backgrounds constituted 4% of court judges, 3% of tribunal judges and 3% of judges overall, Black, Asian and minority ethnic men with solicitor professional backgrounds constituted 1% of court judges, 2% of tribunal judges and 2% of judges overall, White women with barrister professional backgrounds constituted 19% of court judges, 12% of tribunal judges and 17% of judges overall, White women with solicitor professional backgrounds constituted 12% of court judges, 31% of tribunal judges and 18% of judges overall, Black, Asian and minority ethnic women with barrister professional backgrounds constituted 2% of court judges, 3% of tribunal judges and 2% of judges overall, Black, Asian and minority ethnic women with solicitor professional backgrounds constituted 1% of court judges, 4% of tribunal judges and 2% of judges overall, Of those with 15 or more years experience, 66% of barristers, 56% of solicitors and 74% of Chartered Legal Executives are aged 50 and over, for barristers, 72% of QCs, compared with 33% of junior barristers, for solicitors, 51% of partners compared with 24% of solicitors, for Chartered Legal Executives, 45% of partners compared with 39% of fellows, represented 7% of applications and 4% of all recommendations made, had a lower recommendation rate from application (8%) than candidates without a disability (17%), represented 68% of applications and 63% of recommendations made, had a lower recommendation rate from application (15%) compared to those who attended a UK independent or fee-paying school (21%), 51% of applications and 48% of recommendations were the first generation in their family to do so (i.e. Overall, our best estimate is that there was no disparity for women relative to men when comparing recommendation rates from the eligible pool, because although the rate for women was an estimated 17% lower than for men, this difference was not statistically significant. A similar pattern exists for the current legal role measure. That special grand jury was seated in May 2022 and was released in January after completing its work. The legislative election method of judicial selection is a process by which state legislators choose judges to serve on a court. This publication is available at https://www.gov.uk/government/statistics/diversity-of-the-judiciary-2021-statistics/diversity-of-the-judiciary-2021-statistics-report. Counts and percentages therefore cover applications and recommendations across the whole three-year period. Further details are given in the background guidance note. 4 See Neil A. Lewis, Gifts in State Judicial Races Are Up Sharply, N.Y. TIMES, Feb. 14, 2002, at A27. They also review whether or not there are any illegality issues per the evidence submitted. Such influence could come from any number of sources. As a result, in this publication we refer to ethnicity data using the high-level categories of those who self-identify as coming from an Asian or Asian British, Black or Black British, Mixed, White or Other ethnic background. interest and debate,4 as has the process itself for appointing judges to these courts.5 Given congressional interest in the subject, this report is intended to provide readers with a basic overview of the appointment process for U.S. circuit and district court judges. General information about the official statistics system of the United Kingdom is available from: https://uksa.statisticsauthority.gov.uk/about-the-authority/uk-statistical-system/. , Please see the accompanying statistical tables for a full list of the exercises completed by the JAC between 1 April 2020 and 31 March 2021 (Table 2_1). Only relevant facts and law should form the basis of a judges decision. All percentages are calculated using the proportion of individuals where the characteristic is known. Almost all of the senior court judicial posts (High Court and above) are held by former barristers, the majority of whom are men (Figure 39). Rates for Black candidates were an estimated 73% lower than for White candidates. In both cases this was a statistically significant difference, For all exercise types, representation among applicants was higher than it was in the eligible pool, For all exercise types, representation among recommended candidates was lower than representation among applications, In High Court Judge, Recorder and Deputy District Judge exercises, representation among recommended candidates was also lower than it was in the respective eligible pools, Black or Black British candidates constituted 4% of applications and 1% of recommendations; this compares with an expected 3% of recommendations if these were in line with the eligible pool, Recommendation rates from the eligible pool for Black candidates were an estimated 73% lower than for White candidates (shown by the estimated RRI of 0.27). The proportion of women has. In both cases the difference was statistically significant so we can conclude that there is a real disparity between progression rates of solicitors and barristers in these exercises (Figure 30), comparing representation rates for ever solicitors at application and recommendation stages (Figure 31) shows that the proportion of both applicants and recommendations that are ever solicitors is typically lower for the more senior court posts (for example, High Court Judge and Circuit Judge), non-barristers represented 32% of all court judges and 64% of all tribunal judges. A judge shall therefore uphold and exemplify judicial independence in both its individual and institutional aspects, Judicial Independence the 1996 Judicial Studies Board Lecture given by Lord Bingham, Lord Chief Justice, Judicial Independence a lecture given by Lord Phillips, Lord Chief Justice at the Commonwealth Law Conference, Kenya, September 2007, The Position of the Judiciaries of the United Kingdom in the Constitutional Changes Lord Justice Thomas, Address to the Scottish Sheriffs Association, 8 March 2008: Peebles, Judicial Independence and Accountability: Pressures and Opportunities a lecture given by Sir Jack Beatson FBA at Nottingham Trent University, April 2008, Judicial Independence Its History in England and Wales, a lecture given by Sir Henry Brooke (former Lord Justice of Appeal and Vice President of the Court of Appeal (Civil Division)), The Constitutional Position of the Judiciary a monograph by John Sorabji, Legal Secretary to the Master of the Rolls, Chapter 9 of The Politics of the Judiciary, a book by John Griffith (Fontana 1981), The Independence of the Judiciary the view from the Lord Chancellors Office, a book by Robert Stevens (OUP, 1993). While QC is used as an indicator of seniority in this publication, not all senior barristers will choose to apply for QC rank. The first of its principles states that "Judicial independence is a prerequisite to the rule of law and a fundamental guarantee of a fair trial. JO data in this publication relates to judges and non-legal members of tribunals in post as at 1 April 2021, as well as leavers and new entrants from 1 April 2020 to 31 March 2021. Across all legal exercises in 2020-2021, the recommendation rate from the eligible pool for Black, Asian and minority ethnic candidates was an estimated 8%, From the eligible pool, recommendation rates for Asian, Black and Other ethnic minorities candidate groups were an estimated 36%, 73% and 44%, As at 1 April 2021, 5% of judges were from Asian backgrounds, 1% were from Black backgrounds, 2% were from Mixed ethnic backgrounds and 1% were from Other ethnic minority backgrounds. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Individuals self-identifying as of Black or Black British ethnicity constituted 3% of barristers, 3% of solicitors and 3% of Chartered Legal Executives. Considering the representation rates at different stages for all Black, Asian and minority ethnic candidates: Figure 14: representation of Black, Asian and minority ethnic candidates at different exercise stages (large legal exercises completed in 2020-21). Figure 18: representation of Black, Asian and minority ethnic individuals among court and tribunal judges from 2014. List of High Court Masters, Costs Judges and Insolvency and Companies Court Judges. Since 2012 (the earliest year with data available on both courts and tribunals), the numbers of court judges (3,575 in 2012), and tribunal judges (2,060 in 2012) have both decreased. Disability: For legal exercises overall, candidates with a disability had a lower recommendation rate from application (8%) than candidates without a disability (17%). A higher proportion of new entrants, compared to leavers, were women. Tribunal posts tend to have higher proportions of White women and Black, Asian and minority ethnic women than court posts. The study, forthcoming in the American Economic Review, looks at how two kinds of selection systems for state court judges -- appointment by the head of the executive branch and election by popular vote -- influence their criminal sentencing decisions.
How State Judicial Selection Methods May Influence Views of US Supreme 2, In three cases the number of recommendations was sufficiently small that recommendation rates were not calculated. We also avoid (after this point) usage of the BAME acronym in the text of this report, opting to write the term in full. The data covers all courts in England and Wales, all tribunals administered by HMCTS, Welsh tribunals not administered by HMCTS and magistrates in England and Wales. This statute formally recognised the principles of security of judicial tenure by establishing that High Court Judges and Lords Justice of Appeal hold office during good behaviour. Individuals self-identifying as having Mixed ethnicity constituted 3% of barristers, 2% of solicitors and 1% of Chartered Legal Executives. These figures can be affected year-on-year by the mix of roles involved. They are intended to complement the UNs Basic Principles on the Independence of the Judiciary and the role of lawyers. In comparison, those declaring themselves as Christian had a recommendation rate from application of 22%. Some circuit judges have been appointed . The recent increase in the proportion of Black, Asian and minority ethnic individuals in post can be associated with the fact that a higher proportion of new entrants, compared to leavers, were Black, Asian and minority ethnic. Media or other queries on the wider policy implications of these statistics should be directed to the relevant contact: Judicial appointments: Jessica Prandle - email diversity@judicialappointments.gov.uk or communications@judicialappointments.gov.uk, Judiciary: Michael Duncan or Lisa Allera - email michael.duncan@judiciary.uk or lisa.allera@judiciary.uk, Solicitors, barristers and Chartered Legal Executives comprise very different populations and professions, and in particular legal executives are not eligible to apply for all judicial roles. Rates for female ever solicitors were an estimated 48% lower than for female ever barristers and an estimated 13% lower than male ever solicitors. In Recorder, Deputy District Judge and Circuit Judge exercises, every other ethnicity-profession group had a significantly lower recommendation rate from application than White ever barristers (Figure 41). The selection commission must have at least five members. Depending on the state, judges are elected to a general trial court or specifically to a juvenile/family court position. Entrants: for court and tribunal judges in 2020-21, the proportion of Black, Asian and minority ethnic individuals entering the judiciary was higher than of those in post as at 1 April 2021 for both courts and tribunals (Figure 20). New entrants: the proportion of new entrants to the judiciary during 2020-21 those not previously holding a judicial appointment that were women was higher compared to judges in post[footnote 32] for court judges and for tribunal judges[footnote 33] (Figure 7). In courts 37% of judges were aged 60 and over, while that figure was 40% in tribunals. As a result, caution is advised in making comparisons between different professions, and with the JAC and Judicial Office data. In 1998, a similar statement of principle (the Latimer House Principles) was also agreed by representatives from over 20 Commonwealth countries at a conference held at Latimer House, Buckinghamshire, UK. Posts requiring a minimum 5 years legal experience, as a barrister, solicitor or Chartered Legal Executive, Posts requiring a minimum 7 years legal experience as a barrister or solicitor, Posts requiring previous judicial experience (in addition to a number of years of legal experience), 18 were for tribunal posts, of which 9 were for non-legal tribunal member posts, 2,127 applications for legal posts, with 344 recommendations, 1,344 applications for non-legal posts, with 455 recommendations, Court positions requiring 5 years PQE: average PQE of applicants was 17 years, with a range of 5 to 41 years, Court positions requiring 7 years PQE: average 27 years, range 7 to 48 years, Tribunal positions requiring 5 years PQE: average 18 years, range 5 to 41 years, Tribunal positions requiring 7 years PQE: average 22 years, range 7 to 38 years. Overall, 7 applicants (0.4%) declared holding the role of CILEX professional at application. Asian or Asian British individuals are less represented in higher seniority roles in all three legal professions.
Legal Systems in the UK (England and Wales): Overview There were insufficient numbers to include statistics on male and female Chartered Legal Executives.
PDF Should judges be elected or appointed? , In order to produce an estimate combined across all legal exercises with differently sized eligible pools, a weighting was made by the number of recommendations for each exercise. In tribunals, women accounted for more than half of the most senior roles (Presidents)[footnote 29]. Rates for Black, Asian and minority ethnic women were an estimated 34% lower than for White women. ever legal role[footnote 44] compares those who have ever been a solicitor to those who have ever been a barrister. The data and associated representation percentages can also be sensitive to when exercises are formally closed and how this compares to the reports cut-off date of 1 April in each year. millions into state supreme court races-and may walk off with the judicial system's integrity."). Rates for Mixed ethnicity candidates were an estimated 82% higher than for White candidates. Counts and percentages therefore cover applications and recommendations across the whole three-year period. Across all legal exercises in this three-year period, Black, Asian and minority ethnic candidates together constituted 23% of applications (3,145) and 12% of recommendations for appointment (228). It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary. Therefore, for this most recent year of data, we consider candidates from Black, Asian and minority ethnic backgrounds together as one group and compare their progression outcomes to White candidates. The many findings from this analysis can be found in the main body of the report. More senior roles typically require greater experience and therefore older age groups are more highly represented at both application and recommendation stages (Figure 51). In total, Black, Asian and minority ethnic individuals constituted 17% of all non-legal members of tribunals (2 percentage points higher than in 2014) and 13% of all magistrates (a 5 percentage point increase from 2014 when 8% declared themselves as Black, Asian and minority ethnic). We also use cookies set by other sites to help us deliver content from their services. The Lord Chief Justice or Lord Chancellor may refer a judge to the Judicial Complaints Investigations Office in order to establish whether it would be appropriate to remove them from office in circumstances where they have been found to have committed a criminal offence. Across all legal exercises in 2020-2021, there was a, Overall, 32% of court judges and 64% of tribunal judges were from non-barrister backgrounds (mostly solicitors). They only have a certain amount of space or time to cover a particular story. Representation of these groups differed between courts and tribunals, with higher proportions of Black, Asian and minority ethnic individuals, former solicitors and women among tribunal judges.
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