Diversity on the Bench: The Importance of Representation in the Judiciary

By Isha Amir.

Reading time: four minutes.

Isha Amir examines the importance of diversity in the judiciary, discussing its effects on judicial decision-making, public trust, and the pursuit of justice.

What do the statistics say?

Statistics don’t lie. They provide a clear picture of the state of our legal system, revealing the individuals who sit behind the bench and the voices that influence justice. For example, the official statistics of the Diversity of the Judiciary show that women constitute:

• 40% of barristers;
• 53% of solicitors;
• 77% of chartered legal executives; and
• 42% of all judges.

Despite these figures, disparities persist in achieving gender parity. Further, ethnic minority representation in the legal sphere has increased gradually, with proportions rising from 13% to 16% among barristers, 15% to 19% among solicitors, and 7% to 11% among judges over the last decade.

Why diversity matters in the Judiciary?

According to the Ministry of Justice statistics, the Law Society of England, and Wales president, Lubna Shuja, stated that there needs to be a faster pace in improving judicial diversity. While there has been some progress in the courts, there is still more work to be done. There are several reasons why diversity is important in the judiciary.

First of all, ensuring fairness, trust, and legitimacy in the decisions made by the judiciary is crucial, and this can be achieved by having a judiciary that reflects the diverse composition of the society it serves. When judges come from diverse backgrounds, they bring a wide range of perspectives, experiences, and insights to their work. This diversity enriches the discourse and leads to more well-rounded judgements.

Furthermore, a diverse judiciary plays a significant role in improving access to justice for all members of society, particularly those from marginalised communities who have historically faced obstacles. By embracing diversity, the judiciary not only enhances its credibility but also reaffirms its dedication to upholding the principles of equality and inclusivity upon which the legal system is built.

As highlighted by the Lord Chief Justice in the Judicial Diversity and Inclusion Strategy 2020-2025, a more diverse judiciary not only captures talent that is currently lost but also helps cement the confidence of the public that the judiciary broadly reflects society.

Therefore, having diversity on the bench is crucial for cultivating trust and confidence in the legal system. When the public witness judges who mirror the diverse composition of society, they are more inclined to trust that their concerns will be acknowledged, and their rights upheld. This representation nurtures a feeling of inclusivity and validation, especially amongst marginalised communities that have historically experienced underrepresentation or disadvantage within the justice system. Consequently, a diverse judiciary not only upholds the ideals of fairness and equality, but also stands as a symbol of hope and empowerment for anyone seeking justice.

What can the Judiciary do?

To increase diversity within the judiciary, it is necessary to make concerted efforts at different levels. First and foremost, the selection processes for judges must be transparent, based on merit, and free from bias. This will ensure that individuals from diverse backgrounds have equal opportunities to be appointed to judicial positions. In addition to this, outreach programmes and mentorship initiatives can play a crucial role in encouraging individuals from underrepresented groups to pursue careers in the judiciary. These programmes can also provide support and guidance throughout the application process.

In addition to existing initiatives like the Judicial Mentoring Scheme, which focuses on addressing under-representation of women, Black, Asian & Minority Ethnic lawyers, and encouraging greater socio-economic diversity, there should still be more programmes to assist diversity within the Judiciary.

Summary

It is crucial to enhance diversity within the judiciary to maintain fairness, equality, and trust in the legal system. Initiatives like the Judicial Mentoring Scheme are already making a significant impact by addressing the issue of under-representation and promoting greater diversity.

Law students can also play a pivotal role in these efforts by actively participating in mentorship programs, advocating for diversity initiatives, and raising awareness about the significance of representation. By collaborating, we can establish a judiciary that accurately represents the diversity of society and guarantees equal access to justice for everyone.