UK May Permit Judges To Return To Legal Practice

by Robin Pilgrim, LawAndTax-News.com, London

21 September 2006

The UK's Department of Constitutional Affairs (DCA) last week launched a consultation relating to proposals to increase judicial diversity, including allowing judges at all levels to leave the bench and return to legal practice, if they wish to.

Lord Chancellor and Secretary of State for Constitutional Affairs, Lord Falconer of Thoroton announced that the DCA would be seeking views on safeguards to be introduced under the new arrangements.

"Increasing the diversity of the judiciary, particularly the number of women and those from black and minority ethnic backgrounds, remains one of my key priorities. Prohibition on return to practice can act as a real barrier to people considering judicial appointment at an early stage of their career. I want to access the talents of younger lawyers with excellent skills: removing this barrier will offer significant encouragement to them," he explained, continuing:

"I welcome comments on what restrictions and safeguards need to be introduced before the policy comes into force. Some restrictions on the provision of advocacy services by former judges will be required, and I will work closely with the judiciary, the Law Society and the Bar Council to ensure that any concerns are addressed effectively."

The consultation paper seeks views on:

• The length of restriction necessary on the provision of advocacy services by former judges;
• Whether a quarantine period is necessary before a former judge takes up employment with a firm or individual who has appeared before him as a litigant or legal representative;
• Whether there should be a minimum period of judicial service before returning to practice; and
• How any agreed safeguards should be publicised and enforced.

The current position on 'return to practice' is reflected in the terms and conditions of service on appointment to judicial office. These state that candidates accept appointment to judicial office on the understanding that the appointment is "intended to be for the remainder of a person's professional life", and that "following termination of their appointment they will not return to private practice as a barrister or a solicitor".

The policy includes a prohibition on offering or providing legal advice to any person in return for remuneration, but allows that "former judges may provide services as an independent arbitrator/mediator and may receive remuneration for lectures, talks or articles".

Recommended