Queen appoints judges	Most judges are appointed by the Queen, it is selection that differs.
Historically	The King and feudal lords acted as judges in their own courts, but since 13 century there have been professional and semi-professional judges in major cases.
The selection of judges - JAC and JACO
Judicial Appointments Commission (JAC)	Since 3rd April 2006, judges have been selected by the independent Judicial Appointments Commission (JAC). JAC website here. This means that JAC recommends candidates for all judicial offices (listed in Schedule 14 to the Constitutional Reform Act 2005) Effectively all judges up to and including Appeal Court Judges also Heads of Divisions (i.e. Lord Chancellor / Lord Chief Justice / Master of the Rolls / President of the QBD / President (Family Division) / Chancellor of the High Court) n.b. no position as Head of Division has become vacant since the start of JAC. But not Law Lords Magistrates (for the time being, they will select magistrates in the future)
Court of Appeal appointments - special committee	Recommendations for the Court of Appeal are made by a specially constituted committee of the Commission. The special committee includes the Lord Chief Justice and the Master of the Rolls and two senior members of the Commission. It only occasionally meets to select Lords Justices of Appeal. There have been 5 recommendations from the JAC special committee for Lords Justice of Appeal (November 2007).
Governance of Britain Further removal of the role of the executive	As part of the "Governance of Britain" reforms, there are further plans to remove more of the role of the executive from the selection process. The consultation document can be found here. http://www.justice.gov.uk/publications/cp2507.htm
Judicial Appointments and Conduct Ombudsman "JACO" deals with complaints	The Judicial Appointments and Conduct Ombudsman (JACO) investigates complaints about the judicial appointments process and the handling of matters involving judicial discipline or conduct. Web site, here JACO deals with complaints of - among other things - delay, rudeness, bias, faulty procedures, offering misleading advice, refusal to answer questions and unfair treatment (maladministration). They also try to improve standards, through recommendations and constructive feedback.
Appointment of judges "The criterion for selecting a judge is that he should be a gentleman and it will do no harm if he knows a bit of law" (former Lord Chancellor)
The Law Lords selected by the Prime Minister	Law Lords are appointed by the Queen on the advice of the Prime Minister who in turn is advised by the 'Lord Chancellor and Secretary of State for Justice'. Before making recommendations the 'Lord Chancellor and Secretary of State for Justice' customarily consults senior members of the judiciary about these appointments. The process of appointed by the Queen from those selected by the Prime Minister will continue until the commencement of the relevant sections of the Constitutional Reform Act. In December 2006 Lord Justice Neuberger was appointed the country�s youngest Law Lord at the age of 58. At 61 Lady Hale was previously the youngest Law Lord.
Appointment of all other judges	Having been selected by JAC, a candidate's name is passed to the 'Lord Chancellor and Secretary of State for Justice'. The 'Lord Chancellor and Secretary of State for Justice' advises The Queen on the appointment of all members of the professional judiciary other than Law Lords. Latest reports on judicial appointments, here.
Judicial Appointments Commission (JAC)
Court of Appeal judges and below selected by JAC	Since 31 October 2006, for the first time in 700 years, the Lord Chancellor no longer has the sole power to select which judge to appoint. All applications and subsequent recommendations are through JAC. JAC is a selecting Commission and not an appointing Commission. So, judges are appointed by the Queen but selected through the JAC process.
Selection of judges through the Judicial Appointments Commission (JAC)	Baroness Usha Prashar chairs JAC which selects judges through an open and transparent method, ensuring judges reflect the society they serve. The Commission is responsible for judicial selection for both courts and tribunals. This was previously the Lord Chancellor�s responsibility. Baroness Usha Prashar is appointed by The Queen. The Judicial Appointments Commission - created by Sec 61 Constitutional Reform Act 2005 - consists of 15 commissioners including five lay-people, five judges, one barrister, one solicitor, one tribunal member and one magistrate.
The Lord Chancellor	The Lord Chancellor's full title is: "Lord Chancellor and Secretary of State for Justice".
Lord Chief Justice	Since 3rd April 2006 the head of the Judiciary is the Lord Chief Justice. Judicial website, www.judiciary.gov.uk
A hybrid system	This system, which draws a distinction between senior and junior appointments, involves JAC which is described as a hybrid (hybrid = made up of two things) Commission because it: Maintains the constitutional principle of The Queen acting on the advice of Ministers; Increases the independence of the appointments system by limiting Ministerial involvement to the most senior appointments; Provides an appropriate balance between independence and accountability.
Previously there was evidence of political appointments	Donaldson J was strongly tipped for the Court of Appeal his appointment was blocked while the Labour government was in office. When Mrs Thatcher came to power in 1979 he was rapidly made a Lord Justice of Appeal and (on Lord Denning's retirement) Master of the Rolls Why? He headed the controversial Industrial Relations Court in the early 1970s. Lord Brightman a Chancery Division judge (and former pupil master to Margaret Thatcher) sat patiently while less able colleagues gained promotion to the Court of Appeal - knowing that elevation for him was unlikely so long as Labour remained in power. Within weeks of Margaret Thatcher's general election victory in 1979, however, Brightman found himself a Lord Justice of Appeal, three years later he was appointed a Law Lord. The post of Lord Chancellor is unashamedly political, and has been for a long time. The Lord Chancellor changes when the government changes. Lord Falconer and Lord Irvine were appointed by Tony Blair and owed their selection to their longstanding friendship.
Judges: qualification for appointment
Eligibility	The minimum eligibility requirements for most judicial offices are laid down in the Courts and Legal Services Act 1990; Supreme Court Act 1981, Courts Act 2003 and the Access to Justice Act 1999.
Appointment as a Judge, age limits	All are former barristers (85%) or solicitors (15%). Age limits for appointment are all but abolished but the retirement age was restored to 70 in 2002, although Recorders and Deputy District Judges remained at 65 until March 2008. Paul Hampton, a recorder took legal action against the former Chancellor Lord Falconer, who forced him to step down at 65. In 2008 Hampton won a ruling in an employment tribunal that Falconer had been guilty of unlawful age discrimination.
Appointment independent of the patronage of politicians	Appointment is the basis of merit, and on the recommendation of the Judicial Appointments Commission (JAC), both these requirements are statutory. The 'Lord Chancellor and Secretary of State for Justice' has the power to reject names put forward by the JAC; the rejection process requires reasons in writing. He is only be able put forward for appointment by the Queen candidates recommended by the JAC. He has no power to select his own candidates.
Judges in the House of Lords	Lords of Appeal in Ordinary are generally appointed from among the experienced judges of the Court of Appeal in England and Wales, the Court of Session in Scotland, and the Court of Appeal in Northern Ireland. These appointments call for lawyers of great distinction who have proved themselves capable of handling the most important and complex issues which arise in appeals.
Judges in the Court of Appeal	Court of Appeal judges are drawn from the ranks of High Court judges, there is a 10 year High Court qualification requirement.
District Judges and part-time Deputy District Judges	There are about 350 full-time District Judges and 750 part-time Deputy District Judges Must have at least seven years' qualified experience. In Magistrates Courts District Judges were formerly known as Stipendiary Magistrates.
District judges - mostly solicitors	District Judges are found in magistrates' courts and county courts. Traditionally barristers have not sought appointment to the District Bench. Most DJs (magistrates) are former solicitors, but there are some barristers among them. Over the last 10 years the interest of the work has increased with the enhancement of the jurisdiction. The range of business is very wide - from small claims to the general power to try a case allocated under the civil procedure reforms to the fast track.
Recorders and Assistant Recorders	There are about 900 Recorders 400 Assistant Recorders They hear less serious cases in the Crown Court Assistant recorders are professional but part-time judges who sit between four and ten weeks a year and continuing in practice as barristers (85%) or solicitors (15%) Must have *ten* years relevant experience.
Circuit judges	To be eligible for appointment as a Circuit Court Judge, an applicant must have at least ten years' qualified experience in practice or served for at least three years in one of a number of judicial posts.
High Court Judges	To be eligible for appointment as a High Court Judge, an applicant must have either had a right of audience in relation to all proceedings in the High Court for ten years or held the office of Circuit Judge for at least two years.
Tribunal chairmen	Tribunals are another area where barristers have not tended to seek appointment in the past. There is a wide range of tribunals with appointments made at different times of the year. Applicants are normally required to have seven years experience but this varies depending on the tribunal.
Details of current judiciary	Can be found on the new judiciary website
Appointments process
Advertising	Vacancies for judges advertised in the legal press since 1994. Vacancies for High Court judges advertised since 1998 (but there is little need for advertising).
Statutory qualifications	Candidates must meet the minimum statutory qualifications for appointment.
Appointment on merit	The selection process is required by statute to be base on merit. (Sec 63 Constitutional Reform Act 2005) Once appointed, judges have security of tenure, a principle on which judicial independence rests. This means the decision to appoint a judicial office holder must be the right one in every case. Applications are sought from a wide field embracing diversity. Appointment is strictly on merit, regardless of gender, ethnic origin, marital status, sexual orientation, political affiliation, religion or disability. Except where the disability prevents all the fulfilment of the physical requirements of the office Part-time service is normally a pre-requisite for appointment to full-time office. The Commission is obliged by Sec 64 Constitutional Reform Act 2005, to have regard to the need to encourage diversity in the range of persons available for selection for appointments.
Work shadowing	For those who would like to find out what it would be like to sit judicially before deciding whether or not to apply for appointment as a Recorder or Deputy District Judge there is the opportunity to shadow a Circuit or District Judge for up to five days.
Applications	Posts advertised in some national newspapers and/or legal journals and more extensive use is now being made of websites. Some posts are advertised regularly on an annual basis while others are placed as and when the need arises. All judicial appointments require an application in writing.
Qualities and abilities	JAC has identified the following five core qualities and abilities which are required for most judicial office. 1. Intellectual capacity 2. Personal qualities, Integrity and independence of mind, Sound judgement, Decisiveness, Objectivity, Ability and willingness to learn and develop professionally 3. An ability to understand and deal fairly 4. Authority and communication skills 5. Efficiency
Not advocacy	The range of skills required to be a good advocate are not the same as those for the judiciary. Advocacy skills are not a pre-requisite for appointment.
Self assessment	Each candidate is asked to assess him or herself against those criteria in the application form. Assessments on each candidate's suitability for appointment by members of the judiciary and the profession are also made against those criteria and those candidates called for interview are further tested against the criteria at the interview.
Consultation	Those who are familiar with an applicant's work are consulted as to suitability. These assessments are mainly collected in writing and occasionally at face-to-face meetings. There is no secrecy about those who are consulted. Applicants are informed of who is consulted. For senior appointments the 'Lord Chancellor and Secretary of State for Justice' consults senior members of the judiciary before recommending individuals for appointment to the Court of Appeal or the House of Lords.
Sifts	There is a preliminary sift for junior appointments; a sifting panel consisting of a serving judge, a senior official representing the Department for Constitutional Affairs and a lay person.
Interviews	Interviews last between 45 minutes and one hour. For some competitions the candidate will be asked to complete a written exercises.
Assessment centres	For appointments up to the level of Deputy District Judge (both Civil and Magistrates Courts) there are Assessment Centres where the applicant demonstrates the competencies through a wider range of exercises. The Assessment Centre lasts one day.
Selected names passed to the 'Lord Chancellor and Secretary of State for Justice'	Having made their selection the JAC passes the name(s) to the 'Lord Chancellor and Secretary of State for Justice' who may accept, reject or require reconsideration of the selection. If the 'Lord Chancellor and Secretary of State for Justice' accepts the name it is passed to the Queen for appointment.
Criticisms, often unfounded
Lord Bingham expresses doubts November 2007	Lord Bingham of Cornhill, the senior law lord, expressed concern that it takes several months to appoint judges. In an interview with The Times, Lord Bingham, said that �... in many ways, the system worked extremely well before. One, they were completely devoid of any known political leanings or affiliation of any kind whatever; and, second, they were of a very high quality, intellectually and in terms of character. And people were not put off applying. I am a little concerned as to whether all these qualities which were achieved under the old system will [remain].� He also said that if MPs had the opportunity to question either candidates or appointed judges after they had been selected, then politics could enter into the system.
�Confidential soundings�	"Confidential soundings" are alleged, and have lead to a fear that political hearings of the sort that happen in the USA may occur in future. JAC aims to remove such secret soundings, although there is still a consultation phase of selection.
June 2000 (criticisms before JAC)	A report issued by The Department for Constitutional Affairs (formerly the Lord Chancellor's Department), shows that lawyers and judges have stated that the way judicial appointments are made is old fashioned and corrupt. Responses in the report show a clear support for the appointments process to be based on openness, objectivity and merit. Respondents have also commented that the previous process deters applications from women and the ethnic minorities, with most appointments being made from an elite group of chambers. Support for the Lord Chancellor and Secretary of State for Justice's efforts to recruit women and people from ethnic minorities was indicated. The report supported a judicial appointments commission with a cross section of members would be welcomed by the legal community.
Criticism of the appointments process by the Commission for Judicial Appointments (NOTE: the CJA has been replaced by JAC) July 2004 Report of the Commissioners� Review of the High Court 2003 competition	Sir Colin Campbell, first commissioner of the Commission for Judicial Appointments produced a critical report of the previous system for appointing judges. He said those who were appointed may well have be the best candidates for appointment, but their credibility was undermined by the failings of the system that appointed them, and that unfairness and patronage cannot be easily rejected under the previous system. He went on to say the system needed radical change, which it now has. The Commission had access to the 2003 selection of High Court judges. They had access to files, e-mails and private briefings. Of the nine candidates offered High Court positions, the Lord Chancellor himself had nominated three. The Commission believed the nomination system should end and all potential High Court judges should be applicants. The report offered an unprecedented look at the appointments process and the Commission believed it was fundamentally flawed, and urged the government not to wait until 2006 for the introduction of the independent Judicial Appointments Commission.
Foreign jurisdictions have career judges	In France some of the best law students enter the �cole Nationale de la Magistrature as soon as they have completed their degree studies, and after two years' training are appointed judges. Judges thus commonly begin sitting as such from the age of about 25, and (if their performance is satisfactory) can expect to be appointed to an appellate court at about 40.
English judges appointed from practising lawyers	English judges are appointed from among practising barristers and solicitors. Solicitors eligible for appointment as Recorders and (after five years in that role) as Circuit Judges. Higher judicial appointments are still effectively restricted to barristers notwithstanding the Courts and Legal Services Act 1990 which makes rights of audience the criterion. In 2005 the Lord Chancellor announced that suitably-experienced legal executives and intellectual property practitioners would be able to apply for judicial appointment.
Lawrence Collins QC in February 21, 2000	A solicitor and partner with the City law firm Herbert Smith, has been promoted to a High Court judge straight from legal practice. The move has pleased the solicitor's branch of the profession, which has campaigned for a more adequate representation of the judiciary at the higher levels.
2006 appointments - make up	In 2006, 21 names were forwarded to the Lord Chancellor for future vacancies in the High Court. 144 lawyers applied for 25 posts vacancies. 21 names were sent to the Lord Chancellor. None of the 21 was from an ethnic minority. None was a former solicitor. None was disabled. Three were women.
Minority ethnic and gender make up of the judiciary	Nineteen percent of judges are female compared with 51% of the population. Three percent are minority ethnic compared with 8% of the population. Although unacceptable it is an improvement on 2001 figures of 14% women and just over 2% non white. The Ministry of Justice is committed to increasing diversity and has devoted a webpage for the purpose, here. Current figures, here
Judicial appointment reforms failing January 2008	The reforms that aimed to create a more diverse judiciary are failing to end the predominance of white, privately-educated men on the High Court bench. A review by the Guardian newspaper has found that of the 10 judges appointed since the involvement of the JAC, all are white male former barristers and six attended independent schools. Among all 108 judges, 10 are women, one is from an ethnic minority and one is a former solicitor. Report here
Dame Heather Hallett vice chairman of JAC	No women have been appointed as High Court judges for more than two years. No black judge has been appointed as a High Court judge for more than three years. Eleven white male ex-barristers have been appointed to the High Court from the first shortlist drawn up by the Judicial Appointments Commission. Interview with Dame Heather, here.