QC survey confirms judicial recruitment crisis in Scotland

SLN’s report earlier this year that Scotland’s judiciary is facing a recruitment crisis has been confirmed in a survey which found that 60 per cent of senior lawyers had no interest in joining the bench.

The survey, ordered by the Lord President, Lord Carloway, found that only six per cent of QCs surveyed intended to apply to the College of Justice.

Fifty-nine per cent said they had no intention of applying, while 35 per cent were undecided.

Among the main reasons respondents gave for avoiding the bench were the low salary as well as media attacks on the judiciary and a lack of respect from politicians and social media users.

Lawyers have called for the senatorial salaries of at least £181,500 to be increased.

The survey, which was completed by 93 per cent of the 122 QCs given it, also found concern over the appointments process. One lawyer told The Times that some of the Judicial Appointment Board for Scotland’s decisions, especially in the case of sheriffs, were “difficult to fathom”.

The figures raise the prospect of a shortage on the bench and reflect what former Supreme Court President Lord Neuberger has described as the “refusenik” trend south of the border.

Brian McConnachie QC, a respondent, told The Times the findings were “worrying”.

He said: “There was clearly a time when people ultimately wanted to become a judge because they saw that as the pinnacle. It seems now, perhaps because existing sheriffs or judges are disillusioned with the job, it isn’t as attractive.

“I’ve heard stories that in times gone by, police would literally stop the traffic for the Lord President crossing Princes Street. I’m not saying that should happen now but there has to be a greater respect.”

Mr McConnachie cited the Daily Mail headline which described three English High Court judges as “enemies of the people” following its ruling in the Miller case.

He also suggested judicial salaries be increased. Top criminal QCs can earn as much as £300,000 while commercial lawyers can earn far more,

“You want to attract as many of the best possible candidates as you can. That’s how your law and society develops,” Mr McConnachie said.

“Obviously, any sum of money approaching what they’re paid would be something most people couldn’t dream of. But you’re talking about people who are in a stressful, very, very important job at the highest possible level.”

A spokesman for the Judicial Office for Scotland said: “It was prompted by a concern to ensure that as many suitably qualified and experienced applicants as possible were applying for the office of senator of the College of Justice, and a further concern that female candidates or those from minority ethnic backgrounds may feel reluctant to apply.

“The Lord president will continue to work with the Judicial Appointments Board for Scotland to ensure that the recruitment process continues to attract the best possible candidates.”