myCILEx
Case study of a judge
Elizabeth McMahon, a District Tribunal Judge who is also a Diversity and Community Relations Judge, writes:
About the author
District Tribunal Judge Elizabeth McMahon sits in the Social Entitlement Chamber in Berkshire and Buckinghamshire. In addition, she is a Diversity and Community Relations Judge who is involved in community engagement and, in this role, encourages legal professionals from underrepresented groups to consider a judicial career.
The road to becoming a judge may be more like the M25 than Route 66, but the rewards on reaching the destination makes the stress of the journey a distant memory. If you believe that you have the skills required (and many excellent lawyers don't) to be a good judge, and have the determination and drive to pursue that path, my experience of applying for judicial appointment may help you on your way.
I am a judge from a ‘non-traditional' background. No one in my family had been to university, and I completed much of my undergraduate degree while working. After being called to the Bar, I began my career as a legal adviser in the magistrates’ courts. While I found the role fulfilling and challenging (and excellent preparation for sitting as a judge), it meant that I was never truly ‘qualified’ for the purposes of judicial appointment because I had not completed pupillage.
However, some positions, including that of a judge in the Social Entitlement Chamber, were open to those who could demonstrate legal experience, and I applied. The forms are, naturally, not easy to complete: they require examples of how the candidate satisfies the criteria used to determine whether one would be a good judge, and a word limit is applied; however, with careful thought about the skills one deploys in an average day’s work, an abundance of examples can be given to satisfy the competencies.
I sat a test in London which, while referring to legislation peculiar to social security law, did not require experience or knowledge of the subject, and on passing the test was called to an interview. I had to conduct a hearing, with actors playing the tribunal medical member and the appellant, followed by situational questions such as: ‘What would you do if an appellant refused to speak?’. Thereafter, I was appointed as a fee-paid judge of the First-tier Tribunal.
As a fee-paid judge I sat part time, combining this role with my day job; however, being a judge gave me much more job satisfaction so, having crossquali fied as a solicitor, I resigned as a legal adviser, joined a firm of solicitors as a consultant, and sat more frequently.
Sitting almost full time was hard work (writing judgments on Christmas Day is an abiding memory) but rewarding, and in 2014 I applied for the position of and was appointed as a salaried district tribunal judge. From my first sitting, in 2011, to the present day, I continue to feel challenged and exhilarated, and though it is a cliché, no two days are the same.
If I were considering applying for a judicial role today, I would do the following:
- Enrol in the judicial shadowing scheme.
- Ask the Judicial Office (and of course CILEx) for a judicial mentor.
- Keep a diary noting examples of things one is doing to satisfy the competencies.
- Consider who best would be a professional referee (ie, someone with authority and who knows one’s work well).
I would also recommend volunteering to take part in the Judicial Appointments Commission’s (JAC’s) ‘dry run’, which provides invaluable practise of and insight into the practical parts of the application procedure without the pressure (see Lori Frecker, ‘Tried and tested: taking part in a JAC dry run’, (2017) October CILExJ pp44–46).
Of course, an excellent starting place when considering whether a career as a judge is for you is the CILEx Judicial Awareness Day. I was invited to attend as a CILEx judicial mentor, and found the event informative and interesting, and tailored to members thinking of applying for judicial appointment.
The application process was explained by Lori Frecker of the JAC (see above) who gave tips about what to include in the form itself.
An insight into being a judge was provided by HHJ Horton, who asked delegates to respond to some practical dilemmas faced by judges on a daily basis (see (2016) November and December CILExJ pp40–41 and pp44–45 respectively, and HHJ Horton, ‘Judges are not born: but they are created by experience and training’, (2017) January CILExJ pp16–17).
Manjula Bray led a workshop encouraging attendees to think of examples of their own skills and experiences, and how they could be applied to satisfy the competencies. There was plenty of opportunity for discussions and questions throughout.
The judiciary is becoming more diverse, but still has a long way to go before it can really declare itself representative of even the legal professionals working on cases before it.
It is vital that able and enthusiastic lawyers from different backgrounds are encouraged to see themselves as potential judges to enable the judiciary itself to continue to evolve and improve.