Judiciary and Diversity Flashcards by Lily Jones

what makes jobs within the legal sphere a profession?

historically self-regulating 
based on expertise and knowledge 
restrictions on entry/ regulations on exit 
professional codes 
duty to maintain public confidence 
certain privileges

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how can increase state intervention on the legal profession be recognised?

separation of representation and regulation
law society, solicitors regulation authority, bar council, bar standards
enhanced diversity expectations

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who are solicitors represented by?

who are they regulated by?

Law Society

Solicitors’ Regulation Authority

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who are barristers represented by?

’’ regulated by?

The Bar Council

The Bar Standards Board

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how many justices are there in the SC?

’’ CA?

'’HC?

110

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who make up the largest group of legal adjudicators who are not legally qualified?

Magistrates / JPs

25,170

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what are the challenges the legal profession faces?

monopoly of the bar in higher courts
growth of case management/ alternative dispute resolution
virtual justice
cut of legal aid for young training barristers
introduction of conditional fees
diversity debate

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what are general reasons for the need for diversity?

non-discrimination with appointment on merit, equal opportunity
representativeness
legitimacy: democratic/popular
effectiveness - greater understanding of general context

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where does representative disproportionality seem to become more apparent?

how can this be seen with those practicing in the bar?

higher up in the legal profession

Black/Black British underrepresentation - 3.2% vs 3.4%
individuals with a disclosed disability - 6% vs 13.4%

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how have there been improvements in regard to representation?

BAME solicitors rose by over 200% between 1996-2006

1/5 lawyers is BAME by 2020

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how did Lord Neuberger describe the result of bar recruitment and a lack of strategy on the composition of the judiciary?

‘male, white, educated at public school, and from the upper and middle classes’
Justice 2017

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how does Passmore (Stategy Director at the Legal Services Board 2010) describe representation in the legal profession?

‘should be proud of the gender and ethnic diversity of its students and new entrants’
‘but diversity quickly evaporates in the upper echelons’

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how does Passmore describe representation in the QC rank?

‘the QC remaining dominated by 90% men’

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what was Liz Truss’, former Justice Sec and LC, 2016 address at the Tory Party Conference?

‘only 1/7 QCs and 1/3 of partners in law firms are women’
‘fewer than 1/10 judges come from ethnic minorities’
‘only 1/4 went to state school’

‘this is modern Britain - we can do better than this’

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what did the Legal Standards Board ‘Diversity in the Legal Profession’ report find?

‘persistent structural inequalities within the profession across a range of indicators’

‘segmented and stratified on gendered, raced and classed lines, suggesting that opportunities available to young lawyers are not evenly distributed’

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how did the judicial system of England and Wales compare with Slovenia in the percentage of female judges?

England/Wales - 23%

Slovenia - 78%

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what was the key and important review into representation in the legal profession?

Lammy Review 2017

what did Baroness Neuberger suggest the tackle the issue of judicial diversity in 2010 instead of quotas?

outreach work
induction programmes to encourage minority groups to work in the profession
create flexible arrangements to fit with other demands

what are the problems with Baroness Neuberger’s proposals?

lack of funding to train to get into legal profession

qualified lawyers are not unrepresentative, it is the higher legal professions that lack diversity

what replaced word of mouth referencing of appointment?

what did it do?

Judicial Appointments Commission 2005 (Constitutional Reform Act 2005)

created statutory criteria for the appointment of judges
open competition
LC has a limited veto power
judges chaired by a lay person

what are the statutory duties of the Judicial Appointments Commission?

a) appoint on merit

b) ‘encourage diversity in the range of persons available for selection for appointments’

how did the House of Lord Constitutional Committee describe the effects of a unrepresentative judiciary?

‘disparity is undermining the public’s confidence in the courts’

what new statutory duty did the Crime and Courts Act 2013 implement?

new statutory duty for Lord Chancellor and Lord Chief Justice to encourage judicial diversity

why is appointment upon merit not sufficient to solve the current issues with judicial diversity?

‘merit’ is a subjective notion
still the unrepresentative judiciary having a role in the culture of being a judge and thus who would be seen as appropriate or fit

what did Lord Sumption state could take 50 years?

gender equality within the senior judiciary claimed this is 'a very short time' in historical terms

what did Lady Hale state in 2015 in relation to court diversity?

'if we do not manage a more diverse court in the process of filling them (6 vacancies in SC) we ought to be ashamed of ourselves'

when did the first female to become a law graduate? ''first female barrister?

1888 1922

how does an unrepresentative judiciary effect partiality?

unconscious internal bias of judges that they cannot change based on profile, life experience and moral compass there is currently only one general form of internal bias being exercised different forms of internal bias would have a neutralising effect

what is meant by the 'tipping point' approach?

whereby appointment on merit and a desire to diversify the bench are considered together would 'tip' the decisions on whom to appoint

what are obstacles to diversifying the judiciary?

long hours and presumption women will have children gender stereotypes judging on merit alone - requirement to positively discriminate career trajectory

how does the LSE report Commission on Gender, Inequality and Power argue the law operates? how does this suggest diversity of the judiciary is necessary?

'law subtly operates on the assumption that 'normal' legal subject has characteristics associated with white, middle class heterosexual men' requirement of greater gender diversity in the judiciary to negate this conception, use their experience for perspective

what is the gender pay gap between male and female solicitors? (2015)

30%

how did the LSE report in 2015 link the lack of judicial diversity to successful sexual offences convictions?

'gatekeepers between rape and its successful prosecution are not well informed, and sympathetic to, the principles underlying the law' 'legal reform on sexual offences is bound to have limited impact'

what were the key recommendations made by the LSE Commission on G,I and P?

use equality legislation more effectively for representation transparency and revised criteria for merit in recruitment gender auditing mainstream discussions of gender in legal and university education strengthen rights of women in custody review legal aid cuts, remove JR and TR fees actively fight against VAGW and discrimination

how did the Lammy review articulate continued biases in the recruitment process for senior roles in the legal profession?

'candidates with the right contacts and connections will inevitably still enter a process with greater knowledge of how to succeed within it'

what did the Lammy review highlight was the problem with th recruitment of magistrates in particular?

'consequence of this decentralised system, however, is there is not the infrastructure to make a genuine push on diversity'

what did Lady Hale state the Feminist Judgement Project demonstrated?

'demonstrating, with varying degrees of success, that where you start from can have an effect on where you end up'

why does Hunter argue a more diverse judiciary would be beneficial?

increased democratic legitimacy signals non-discriminatory practice and equal opportunity creates encouragement for future women

what does Hunter argue is a sexist misconception about the judicial practice of men vs women?

women provide the 'ethic of care' | men provide the 'ethic of justice'

what is the Little Mermaid concept?

Rackley's concept that women have to change and conform to set standards in order to maintain their position her, if the norm is white, middle-aged men, the 'difference is lost'

what does Hunter argue is required to create a more diverse judiciary?

shift to positive support and encouragement of substantive diversity appointment of judges committed to making a difference