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Judges and Judging: Public Confidence and the Legitimacy of Law

Judges and Judging: Public Confidence and the Legitimacy of Law. Sharyn Roach Anleu Kathy Mack School of Social & Policy Studies Law School Flinders University GPO Box 2100, Adelaide, Australia judicial.research@flinders.edu.au Public Lecture

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Judges and Judging: Public Confidence and the Legitimacy of Law

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  1. Judges and Judging:Public Confidence and the Legitimacy of Law Sharyn Roach AnleuKathy Mack School of Social & Policy StudiesLaw School Flinders University GPO Box 2100, Adelaide, Australia judicial.research@flinders.edu.au Public Lecture Faculty of Humanities & Social Sciences, Law School Strathclyde University, Glasgow 7th April 2011

  2. A judicial officer’s view It is a difficult job but one that leads to a great deal of satisfaction if you feel you are performing it as well as you can. It is not however a job which you should rely on the gratitude of others nor is it a job for the ambitious. The constancy of the job can be very wearing over time. There are few jobs that you are on public ‘display’ 5 hours a day 45 weeks of the year. … The pressure of case loads seems to impact on the quality of decision making at all levels. … Some judicial appointments have potentially not contributed to the standing of the judiciary – but overall the quality of justice is meeting the demands of contemporary society – but not perfectly. Judicial Research Project Flinders University

  3. Magistrates Research ProjectJudicial Research Project • Consulting interviews with magistrates in all states and territories(2001) • National Survey of Australian Magistrates (2002) • National Court Observation Study (2004) • National Survey of Australian Judges (2007) • Second National Survey of Australian Magistrates (2007) • Judicial Workload Allocation Study (2008) Judicial Research Project Flinders University

  4. High Court of Australia (n=7) Federal Court of Australia (n=45) Supreme Court (Appeal and Trial) (n=187) Family Court of Australia (n=39) District/ County Courts (n=221) Federal Magistrates Court (n=45) Magistrates/ Local Courts (n=456) The Australian court system As at 3 March 2011: Source: AIJA Judicial Research Project Flinders University

  5. Women in the Australian judiciary by court Judicial Research Project Flinders University

  6. The decision to become a judge/magistrate • Kind of work 92% • Intellectual challenge 85% • Job security 69% • Value to society 68% • Diversity of work 65% Whole Judiciary (n = 540-549) Source: National Surveys 2007 Judicial Research Project Flinders University

  7. Satisfaction: Overall work • Importance to the community 97% • Overall work 92% • Level of responsibility 91% • Intellectual challenge 87% • Varied and interesting 86% Whole Judiciary (n=535-545) Source: National Surveys 2007 Judicial Research Project Flinders University

  8. Satisfaction: Working conditions • Working relations with court staff 92% • Geographic location 90% • Working relations with other judges/magistrates 85% • Compatibility with lifestyle 77% • Salary 76% Whole Judiciary (n=530-540) Source: National Surveys 2007 Judicial Research Project Flinders University

  9. Satisfaction Overall, I’ve enjoyed it. You only find out if you have an aptitude for it when you actually do it. Some of the best lawyers find they can’t make decisions, and their life becomes hell. I have found I can make decisions for others, and sleep at night. I’m one of the lucky ones. Source: National Surveys 2007 Judicial Research Project Flinders University

  10. Essential skills/qualities for judicial work • Impartiality 91% • Integrity/high ethical standards 90% • A sense of fairness 79% • Communication 76% • Legal knowledge 62% Whole judiciary (n=546-548) Source: National Surveys 2007 Judicial Research Project Flinders University

  11. Essential interpersonal skills for judicial work • Communication 76% • Being a good listener 56% • Courtesy 55% • Patience 50% • Interpersonal skills 37% • Compassion 33% Whole Judiciary (n=543-549) Source: National Surveys 2007 Judicial Research Project Flinders University

  12. Stress: Volume of work Volume of work unrelenting 74% Judicial functions • Increased 58% Non-judicial functions • Increased 54% Whole Judiciary (n=488-538) Source: National Surveys 2007 Judicial Research Project Flinders University

  13. Legal representation Source: National Surveys 2007 Judicial Research Project Flinders University

  14. Making decisions is very stressful Judicial Research Project Flinders University Source: National Surveys 2007

  15. National Court Observation Study • General criminal list • 30 court sessions • 27 different magistrates • 20 locations • 1,287 matters Judicial Research Project Flinders University

  16. Time per matter 15 second intervals (n=1,254) Judicial Research Project Flinders University

  17. Time per matter • 5% 15 seconds or less • 25% 1 minute or less • 50% 2 minutes 20 seconds or less • 95% less than 15 minutes • Average time per matter: 4 minutes, 13 seconds (n= 1,287) Judicial Research Project Flinders University

  18. Stress: Emotions, sleep, health Judges Magistrates (n=304-305) (n=239-240) • My work is emotionally draining • Always/often 31% 47% • Sometimes 53% 41% • Difficult decisions keep me awake • Sometimes 36% 29% • Rarely/never 52% 62% • I am concerned about my health • Sometimes 36% 42% • Rarely/never 49% 36% Judicial Research Project Flinders University Source: National Surveys 2007

  19. Time on domestic work: All judges by gender Whole Judiciary (n=538) Judicial Research Project Flinders University Source: National Surveys 2007

  20. Stress and satisfaction The career extracts its pound/kilos of flesh. There is very little positive feedback. There is hardly ever any opportunity to debrief. I wake in fright at some of the things I hear & see. Why do I do it? Because I know I make a difference in some small way. Because I believe I am privileged. The people in my court are not. Source: National Surveys 2007 Judicial Research Project Flinders University

  21. Judicial Research Project • Australian Research Council Discovery Project Grant (DP1096888), 2010-2013. • Australian Research Council Linkage Project Grant (LP0669168), 2006-2009. • Australian Research Council Discovery Project Grant (DP0665198), 2006-2008. • Australian Research Council Linkage Project Grant (LP210306), 2002-2005 with the Association of Australian Magistrates (AAM) and all Chief Magistrates and their courts as industry partners with support from Flinders University as the host institution. Judicial Research Project Flinders University

  22. Judicial Research Project We are grateful to Russell Brewer, Carolyn Corkindale, Elizabeth Edwards, Ruth Harris, Julie Henderson, John Horrocks, Lilian Jacobs, Leigh Kennedy, Lisa Kennedy, Mary McKenna, Rose Polkinghorne, Wendy Reimens, Mavis Sansom, Chia-Lung Tai, Carla Welsh, Rae Wood, and David Wootton for research and administrative assistance. Judicial Research Project Flinders University

  23. Selected publications • Roach Anleu, Sharyn & Kathy Mack (2010) 'The Work of the Australian Judiciary: Public and Judicial Attitudes' Journal of Judicial Administration 3-17. • Roach Anleu, Sharyn & Kathy Mack (2010) 'Trial Courts and Adjudication' in Cane and Kritzer (eds) Oxford Handbook of Empirical Legal Research, OUP 546-66. • Mack, Kathy & Sharyn Roach Anleu (2010) 'Performing Neutrality: Judicial Demeanor and Legitimacy' 35(1) Law & Social Inquiry 137-73. • Mack, Kathy & Sharyn Roach Anleu (2010) 'Women in the Australian Judiciary' in Patricia Easteal (ed), Women and the Law in Australia LexisNexis. • Roach Anleu, Sharyn & Kathy Mack (2009) 'Intersections Between In-Court Procedures and the Production of Guilty Pleas' 42(1) Australian & New Zealand Journal of Criminology 1-23. • Roach Anleu, Sharyn & Kathy Mack (2009) 'Gender, Judging and Job Satisfaction' 17(1) Feminist Legal Studies 79-99. Judicial Research Project Flinders University

  24. Judges and Judging:Public Confidence and the Legitimacy of Law Sharyn Roach AnleuKathy Mack School of Social & Policy StudiesLaw School Flinders University GPO Box 2100, Adelaide, Australia judicial.research@flinders.edu.au Public Lecture Faculty of Humanities & Social Sciences, Law School Strathclyde University, Glasgow 7th April 2011

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