What Makes a Good Judge?

TL;DR

Lady Rose explores the qualities needed to be a good judge, including impartiality, compassion, intellectual ability, and resistance to subconscious bias.

Transcript

• Good evening, everyone and welcome. My name is Jeffrey Nice and I'm an Emeritus Professor of Law here at Gresham College. It's my great pleasure to be able to introduce this year's Grays Inn Reading. Now, Gresham College has been providing free public lectures since its founding in the 16th century. Designed in the words of our founder, there he ... Read More

Key Insights

• 💁 Intellectual ability, including quick information absorption and decision-making, is crucial for judges.
• 👋 The assumption that good barristers automatically make good judges is being challenged, as barrister skills and judge qualities differ.
• 👋 Judges require good character, including integrity, tax compliance, and polite behavior. Rudeness and bullying behavior are being actively combated.
• 🛟 Diversity, including gender and life experiences, enriches judicial decision-making and improves representation.
• 🧑‍⚖️ Judges receive training to address subconscious bias and maintain fairness in their judgments.

Questions & Answers

Q: How do judges deal with doubts about their decisions?

Judges may change their minds during a hearing but generally remain confident in their decisions. If appellate courts overturn a decision, judges can reassess their reasoning while maintaining confidence in their process and explanations.

Q: Do judges receive training on subconscious bias?

Yes, judges undergo training on subconscious bias to increase awareness and address potential bias in their decision-making processes. Resources like the bench book provide guidance on various issues, including bias, to help judges maintain fairness.

Q: How can aspiring women judges overcome the underrepresentation in the judiciary?

Women should not be discouraged by the current gender imbalance and continue pursuing judicial positions. Each success contributes to a more balanced judiciary, and perseverance is key.

Q: Should judges keep their judgments concise?

While judges aim for conciseness, the complexity of cases, the volume of authorities, and the need to address all relevant arguments may result in longer judgments. Judgments should provide a fair and comprehensive analysis, satisfying both winning and losing parties.

Summary & Key Takeaways

• Lady Rose discusses the long-standing descriptions of the qualities required of a judge, from ancient times to modern, including listening courteously, answering wisely, considering soberly, deciding impartially, and having grip, authority, fairness, and simplification skills.

• She explores the changing perception of merit in judicial appointments, highlighting the need for a broader definition and the recognition of diverse perspectives and life experiences.

• Lady Rose emphasizes the importance of legal training, experience, good character, and a sense of humor in the judiciary.

• She acknowledges the challenges of subconscious bias and the efforts made to address it, including training and resources for judges.