Law Weblog

Appointment of High Court judges – change in procedure.

The process for appointing High Court Judges has changed this week, without announcement, but with little surprise, the changes can be found on the DCA website.
The applicants guide says, “This High Court competition introduces selection through a revised set of competence-based qualities and skills“.
The process includes an approach to senior judges to rate each applicant from “five” to “one”. The applicant will be able to put forward his own referees.
The Lord Chancellor will recommend appointment by the Queen.
In July 2004 the Commission for Judicial Appointments found “substantial inequalities” in the High Court appointments process. Sir Colin Campbell the chairman dismissed the selection procedure as “opaque, out-dated and not demonstrably based upon merit” and as “seriously lacking in transparency and accountability”. The process appeared to have a “substantial built-in bias” towards QCs, while circuit judges and solicitors were far less likely to get promoted.
Until now, High Court judges have been appointed from lawyers who have either submitted application forms or been privately approached by DCA officials.
The new Judicial Appointments Commission which will completely overhaul the process but will not be up and running until at least 2006.

Eligibility criteria
Applications may be made by those practitioners who have either a 10 year High Court qualification or who have held the office of Circuit Judge for at least two years. Subject to the statutory requirements and the statutory retirement age of 70, there are no age limits for this appointment.
In order that solicitors meet the qualification for appointment, they are in some circumstances deemed to have held a right of audience prior to 1 January 1991.
Every barrister and solicitor has the same rights of audience before every court in relation to all proceedings, as long as they comply with the rules of the appropriate professional body.
Full details here