On the theme of diversity in Canadian legal institutions (see Omar Ha Redeye's excellent piece in Slaw yesterday), in the UK the Judicial Appointments Commission has just announced it will be running a selection exercise this summer by which it will recommend candidates for
judicial appointments from «non-traditional» backgrounds.
«The challenged statutes do not inevitably lead to the assignment of more inexperienced teachers to schools serving poor and minority children,» said Boren, who received
his judicial appointments from Republican Govs. George Deukmejian and Pete Wilson.
District Leaders should not be allowed to seek or accept compensated
judicial appointments from any judge elected in Kings County;
Not exact matches
The WTO is already on the verge of paralysis because the United States has vetoed new
judicial appointments, letting the number of trade judges dwindle to four
from the usual seven.
(3) Neither the Executive Committee nor the County Leader shall designate, nominate or propose any candidate for
judicial offices which are to be elected county - wide in New York County, or which are to be proposed for
appointment by the Mayor of the City of New York or by the Governor of the State of New York, exclusive of recommendations for interim
appointment by the Mayor or the Governor, unless such candidate shall have been approved in that calendar year for such office by the independent panel., except that once a candidate for the office of Justice of the Supreme Court has been reported as highly qualified by at least two of the last four independent screening panels for that office, that candidate shall be considered as having been approved by the panel for such office during each of the four calendar years after the year in which the candidate shall have last achieved such status, (not counting a year in which there are no vacancies for the office of Justice of the Supreme Court other than a vacancy resulting
from the expiration of the term of office of a justice eligible for and seeking re-election to that office, or a vacancy which has been filled by an interim Supreme Court justice seeking re-election who has been appointed by the Governor and who satisfies the requirements of sub-paragraph 4 (b), provided in each case that such justice has been determined by the independent panel to merit continuation in office), and such candidate shall not make application to the panel during any of such years unless the Committee on the Judiciary shall require the candidate to make such an application.
Recent diversity figures
from the
Judicial Appointments (JAC) show there is a serious problem with the
appointment of black and minority ethnic lawyers to the bench and underline the need for targeted support and training, the Bar Council has said.
Regarding recent
judicial appointments of members
from minority groups Alberta law professor Eric Adams was interviewed in the Globe and Mail:
The following excerpt
from this ABA piece is as applicable in the context of
judicial appointments as it is in the legal profession generally:
Posts about the debate over whether law societies should accept degrees
from faith - based university Trinity Western with its controversial community covenant as well as matters involving
judicial appointments and independence also feature on this list.
The image was intended to reinforce the subject of the cover article — the lack of transparency in the
judicial appointments process and the resulting limited diversity on the bench — but as we have heard
from a number of readers, it conveyed a very different message and undermined this important discussion.
Florida has a commission - based
judicial appointment process wherein the governor appoints all members of the nominating commissions, with some of the governor's appointees come
from candidate lists submitted by the Florida Bar.
In 2013, Marc was heavily involved on behalf of 2 barristers in the
judicial review litigation arising
from the defective
appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.
in the landmark
judicial review litigation arising
from the defective
appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.
(6) Acting on appeal for several of the barristers in the landmark
judicial review litigation arising
from the defective
appointments of disciplinary panels in barrister disciplinary cases between 2006 and 2012.
Opponents of commission - based
appointment of judges — also known as the Missouri Plan, for the state in which the
judicial selection process originated — have obtained approval
from the secretary of state for two identically worded proposed constitutional amendments that would establish contested elections for Missouri's appellate judges.
A similar survey conducted by The Globe and Mail revealed that only a small handful of
judicial appointments by the federal government since 2009 were
from equity - seeking communities.
Ontario recently announced the
Judicial Appointments Advisory Committee will be taking steps to increase diversity in the judiciary, including recruiting more judges
from indigenous communities.
This is a significant decrease
from the last year of the Liberal government when 40 % of their
judicial appointments were women.
The new process — through which qualified lawyers and persons holding
judicial office in Canada may apply to the Independent Advisory Board for Supreme Court of Canada Judicial Appointments through the Office of the Commissioner for Federal Judicial Affairs — was launched last year as Justice Thomas Cromwell prepared to retire from the Supreme Court; Malcolm Rowe became the first SCC justice to be appointed by this
judicial office in Canada may apply to the Independent Advisory Board for Supreme Court of Canada
Judicial Appointments through the Office of the Commissioner for Federal Judicial Affairs — was launched last year as Justice Thomas Cromwell prepared to retire from the Supreme Court; Malcolm Rowe became the first SCC justice to be appointed by this
Judicial Appointments through the Office of the Commissioner for Federal
Judicial Affairs — was launched last year as Justice Thomas Cromwell prepared to retire from the Supreme Court; Malcolm Rowe became the first SCC justice to be appointed by this
Judicial Affairs — was launched last year as Justice Thomas Cromwell prepared to retire
from the Supreme Court; Malcolm Rowe became the first SCC justice to be appointed by this process.
Allow us to deviate
from the blogospheric preoccupation with Sarah Palin's daughter's pregnancy and turn to a matter more telling of her qualifications to hold high office — her record of
judicial appointments.
Committee review of remuneration (in this case, Justices of the Peace) is required for any new
judicial office, can be done retroactively within a reasonable time after the
appointments, and is so even where those appointed to the new
judicial office are transferred
from a previous
judicial office.
In her testimony to the Special Committee, Justice Roggensack noted that
judicial bias can not be presumed solely
from a lawful campaign contribution, lawful independent expenditure, or even
from a gubernatorial
appointment.
Further, the
appointment process — through the creation of the
Judicial Appointments Advisory Committee (JAAC)-- had moved away
from partisan political influence.
Nigel regularly deals with applications under the Arbitration Act 1996, such as applications to stay legal proceedings, for the
appointment / removal of arbitrators, for the exercise of
judicial powers in support of arbitral proceedings, and for the correction of awards, as well as appeals
from arbitration awards on points of law and challenges to awards for want of jurisdiction or on grounds of serious procedural irregularity.
Baroness Usha Prashar, who chairs the
Judicial Appointments Commission, said she welcomed applications
from good candidates whatever their legal background.
That is why the Bar Council's immediate focus is on developing a foundation course in judgecraft — to be undertaken pre-application — that will demystify the skills needed for
judicial appointment and increase the confidence, particularly of ethnic minorities, women, and those
from a non-traditional background, when applying.
If the next
appointment does come
from Saskatchewan, two of the potential
judicial candidates include Chief Justice of Saskatchewan Robert Richards and Appeal Court Justice Georgina Jackson.
Hawaii: The state's Governor (or Chief Justice for District Court) is responsible for
appointment for a judge's initial term
from a list prepared by the state's
Judicial Nominating Commission.
The proposed reform would amend Nevada law to provide for the
appointment of judges by the Governor
from a list of candidates selected by the
Judicial Selection Commission, followed by retention elections whereby the electorate can choose to retain or remove those judges.
It was nearly eight months after the federal election before the Liberal government of Prime Minister Justin Trudeau announced its first
judicial appointments, in the wake of an increasing call, even
from senior members of the bench, to fill a number of vacancies across the country.
The Conservative government made more than 700
judicial appointments during its nearly 10 years in power and what surveys have been done suggest that the majority of them came
from not only a narrow segment of the Canadian population but also a narrow segment of the legal profession.
The latest figures
from the
Judicial Appointments Commission (JAC) show an alarming lack of diversity amongst applicants.
One such trend that was popular several years ago was an effort to expand gubernatorial authority over the process, by allowing the governor to choose more members of the
judicial nominating commission and giving the governor more nominees
from which to make
appointments.
This is because, the LSB stated, the
appointments process for the members of the LSB takes place under rigorous independent scrutiny» including
judicial representation, and, once appointed, the members take their decisions «without fear or favour
from government.»
Judge Laser, sitting by special
appointment from the Arkansas Supreme Court after all of the 20th
Judicial District judges recused, noted that this was «one decision [he would] rather not make.»
There has been no attempt to change this
from nonpartisan to partisan, although several bills were introduced to change the nonpartisan races to gubernatorial
appointment from a
judicial nominating commission list and yes / no retention elections.
A third proposal (HB 2150 of 2007) would have replaced nonpartisan elections with gubernatorial
appointment from a
judicial nominating commission list and yes / no retention elections.
Committee review of remuneration (in this case, Justices of the Peace) is required for any new
judicial office, can be done retroactively within a reasonable time after the
appointments, and is so even where those appointed to the new
judicial office were transferred
from a previous
judicial office.
It comprises another senior UK judge (not a Supreme Court Justice), and representatives
from each of the three independent
judicial appointments boards across the UK.
The commission to appoint the next President is chaired by a non-lawyer member, Lord Kakkar, and comprises the most senior Justice of the Supreme Court who is not a candidate for the role, another senior UK judge (not a Supreme Court Justice), and representatives
from the three independent
judicial appointments boards across the UK.
However, says Lord Phillips, further detailed enquiries into this matter will not be pursued given that Khan «continues to suffer
from ill health and Judge J no longer holds
judicial appointment».
The first was the most commonly travelled, and led
from law school to articling to Call to the Bar to working as an Associate in a firm, then buying into partnership and ultimately, just might culminate in a
judicial appointment.
Prior to his
appointment to the district court, he was a district court magistrate in the Eighth
Judicial District
from 1993 to 2007.
My expectation was that the data would support a commonly held view that qualified women lawyers are being overlooked in the
judicial appointment process and that the gender disparities we see in
appointments is the result of discrimination or bias in that process (see, for example this op ed piece
from June 2014.)
I wonder what the impact upon applications for part time
judicial appointment might be if office holders are barred
from mentioning their position — it's reasonable to guess that many applicants think it will give them some kudos to boost their main career.