Page 56 - Judicial Diversity Update report

which defendants, witnesses and other parties’ experiences are understood and
adjudicated in court, as well as the public perception of the judiciary.

2.86. As with other diversity characteristics, it cannot be the case that the best
judicial talent is found uniquely amongst those who attended private schools
and Oxbridge. A recruitment system that appoints candidates from these
groups is therefore missing out on some of the best available talent.

2.87. It appears that part of the issue is a relative lack of applications from
individuals from lower socio-economic backgrounds. This may be because a
judiciary that is known to be overwhelmingly privately schooled and Oxbridge
educated naturally deters candidates who do not fit that mould from applying
as they feel that the system is stacked against them and/or it is not an
environment that they wish to join.

2.88. During evidence gathering, we have heard numerous stories from state-
educated, non-Oxbridge judges who have felt their dearth of ‘social capital’ in
the workplace, for example, fellow judges discussing unusual traditions at their
universities. Obviously, attending these universities is not a prerequisite for
appointment nor for being a good judge, but it can act to isolate judges from
different social backgrounds. This can foster self-doubt about their suitability
for judicial office and their chances of promotion. We have taken evidence
from fee-paid judges who are disinclined to apply for salaried appointment
because they are concerned that they won’t ‘fit in’. We also recognise that
individuals are likely to have developed coping mechanisms to deal with this
type of dominant culture, including adapting to it, over years of working as
lawyers. However, this evidence raises the question of whether increasing
such diversity is about helping those from minority socio-economic
backgrounds to ‘fit in’ better, or whether we should be more vigilant about
defining and then practising what it takes to advance (or should take to
advance) in the judiciary. We believe the focus should be on the latter and we
urge the judiciary to reflect upon how its culture can become more welcoming
and inclusive of people from different backgrounds.

2.89. In addition, the relative lack of applications for senior judicial office from those
from lower socio-economic backgrounds is likely to reflect the lack of socio-
economic diversity in the pool from which judges are predominantly
appointed. This raises questions about the barriers that individuals from lower

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