Senior judicial roles opened up to CILEX Lawyers

Legislative changes approved by Parliament in June have opened up more senior judicial positions to CILEX members for the first time, in a move expected to improve diversity in the judiciary.

The Ministry of Justice (MoJ) laid a statutory instrument amending the Judicial Appointments Order 2008, allowing suitably qualified CILEX Lawyers to apply to become Recorders and Upper Tribunal judges, where before they were unable to apply for posts higher than district judge. The change went through the House of Lords unopposed and came into force on 28 July.

This reform means CILEX Lawyers can now preside in the Crown Court and on appeals in important tribunal matters.

The MoJ has long recognised the impact that CILEX judges could have on improving the diversity of the judiciary, given its membership is one of the most diverse in the legal profession – 77% of members are women, 16% are from ethnic minority backgrounds and 85% attended a state school.

The move was described by justice minister Lord Bellamy, speaking in the House of Lords debate on the legislation, as an “important change” and “another step towards it being a lawyer's merit, rather than their particular method of obtaining their legal qualification, that determines suitability for judicial appointment”.

CILEX chair Professor Chris Bones wholeheartedly welcomed the move, which reflects many years of campaigning. “Women and ethnic minorities are currently under-represented in our judicial system at a senior level,” said Professor Bones. “To promote confidence in the rule of law, we need a judiciary that is representative of the society we live in, and as one of the most diverse parts of the legal profession, CILEX is a key solution to accessing talent of greater diversity.

“Currently only 1% of the England and Wales judiciary are Black – this has remained the same since 2014. Although women make up nearly half of all tribunal judges, they are lacking in senior court roles.

“Judicial appointments should be based on merit; all lawyers regardless of their professional title should be able to apply for all judicial roles they are trained and competent to perform. The trailblazing judges among the ranks of CILEX Lawyers have shown they are more than up to the job.

“In giving its support to this much-needed, ground-breaking legislative change, CILEX is clear that this should be the first step to opening up all judicial posts to CILEX Lawyers who meet the required standards as the optimum way of enabling the broadest range of applicants to successfully join the judiciary.”