Page 7 - Judicial Diversity Update report

• The judiciary continues to be largely comprised of those from a higher socio-
economic background. This is due to a relative lack of applications from
individuals from lower socio-economic backgrounds. This in turn is likely to
reflect the lack of socio-economic diversity in the pool from which judges
are predominantly appointed, raising questions about the barriers individuals
from lower socio-economic backgrounds face at entry to the profession, in
particular the bar.

• There is a lack of quantitative data on disability in the senior judiciary.
However, through qualitative data collection we were struck by the
inaccessibility of the legal profession to disabled people and the severe
practical difficulties of sitting as a judge faced by those with disabilities.

• To the extent that data on sexual orientation exists, it seems to indicate that
LGB candidates applying for judicial office stand an equal chance of
appointment. This view was reflected by sitting gay judges that we spoke to.
However, most of these judges were white men and we do not have enough
evidence to draw conclusions on how sexual orientation may intersect with
other diversity characteristics. We were also unable to gather any evidence
with respect to the appointment of Trans judges.
We find that a number of our more minor recommendations from our 2017 report
have been adopted. We welcome these changes and make a number of further
recommendations which build on the work the JAC and judiciary have already been
doing in respect of feedback, mentoring and support and outreach.

However, the key structural recommendations of our original report have not been
adopted and we believe that without the following significant structural and cultural
changes any progress with respect to judicial diversity will be remain marginal:
• The current system continues to lack any real accountability. We reiterate
the recommendations made in our original report for “targets with teeth” and
a Senior Selections Committee for appointments to the Court of Appeal,
Heads of Division and the Supreme Court to address this issue.

• We find that the de facto career path into the senior judiciary remains via the
fee-paid roles of Recorder and Deputy High Court Judge. We restate the case

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