Finding Judges - Appointment, Diversity Then and Now

It is fundamental to the administration of justice that the public, and the legal profession, should have trust and confidence in the judiciary. That means it is necessary to ensure that the judiciary reflects the diversity of society. Without that, trust and confidence in the operation of the judicial system is diminished. A two-step process of analysis should be adopted, which is designed to ensure that diversity of all types is promoted, but which still ensures capable and meritorious appointments. The first step requires identification of a "zone" or "pool" of acceptable candidates. The second step involves selecting an appropriate candidate from that "zone" or "pool", having regard to matters such as diversity, the composition of the Court and the character of the candidates. It is inherently flawed to search for a single candidate who is regarded as the most outstanding or meritorious.