On Being a Judge

In what I shall discuss this evening about being a judge, I will be speaking from an Australian perspective. An observation made by Sir Harry Gibbs, a former Chief Justice of the High Court of Australia, seemed to me a fitting opening. Judges are fond of quoting others. That may be because it is part of the judicial method. On the other hand, it may suggest a lack of original thought. Sir Harry said 1 : "In a democracy, every educated citizen should have an understanding of the role of the judiciary, the manner in which the courts function and the history of the relationship between the courts and other organs of government. This is particularly important because ... the independence and authority of the judiciary, upon which the maintenance of a just and free society so largely depends, in the end has no more secure protection than the strength of the judges themselves and the support and confidence of the public." What is required of a judge is reflected in the oath taken upon appointment, which is "to do right by all manner of people without fear or favour, affection or ill will." Before discussing what this commitment entails, I will first consider why a lawyer might decide to take up judicial office.