Litigation Letter
Judicial Appointments Commission
The Commission for Judicial Appointments has been superseded by the Judicial Appointments Commission. Future appointments
will be made by the independent Judicial Appointments Commission, chaired by Baroness Usha Prashar, consisting of 15 lay people
and lawyers, although for a transitional period up to July 2007 the Lord Chancellor will continue to make senior appointments.
In the CJA’s final report, its chairman, Sir Colin Campbell, said that the JAC opens up the judicial appointments system to
public scrutiny, and separates the roles of the executive and the judiciary addressing once and for all concerns about political
patronage. However, solicitors are still not on a level of playing field with barristers when it comes to judicial appointments
and unless the system is completely overhauled, it will miss out on some 110,000 potential applicants. Two of the problems
are that law firms are prohibiting solicitors from applying for judicial office in their employment contracts and that solicitors
do not have the visibility of barristers to the judges who have a powerful influence in the judicial selection process. The
process of automatic consultation with the judiciary for applications to the High Court gives an advantage to those who are
known to the judges, and should be replaced with structured references and quality feedback. Commissioner Jane Drabble said
that too much weight was placed on the views of the selection panel’s judicial members.