Law Gazette: Bias warning for judges invited to speak at law firm or chambers
As #whistleblowers increasingly turn to judges in a last ditched effort for justice and vindication the judiciary seems to be under pressure to silence itself. Not only are judges calling out concerns about the erosion of their independence but the rising number of tribunals (in the UK) seems to indicate a backward step and indeed backlash against attempts to embrace the power of diversity. Judges having won the right to 'workers' rights after the intrepid case of Judge and now first Chair of the newly formed union Clare Gilham are confronted with what appears to be the establishment backlash in the release of the publication of new rules (revised guidance including the 'Statement of Expected Behaviour’).
So why is this a problem that affects us all?
Around the world we see that Judges face increased restrictions on their right to address matters of common public importance, and we see how the public reacts. The new rules, if implemented, greatly restrict the right of sworn UK judges to engage with important aspects of public life and protection of public standards. Judges will be gagged, or if they speak they will be at risk of dismissal if they do not adhere to the concept that (quoting the Law Society gazette) 'Judges can speak on uncontroversial legal matters at lectures, conferences or seminars organised by professional bodies, academic or non-profit organisations’. In short, judges are being exposed to the risk of dismissal for speaking against whatever the prevailing popular norm may be, or in other words ‘controversially’ in the view of unelected public official's in the Judicial Conduct Investigations Office.
Until now the UK has stood firm against over-regulation of judges but if implemented this guidance will be a move towards stifling the proper role of our independent judiciary in raising concerns where others fear to tread. Far from restricting judicial free speech, ever greater protections are needed.
We are writing to the Government to urge it to act now to create a right of free speech to protect the judiciary. Amid the debate over de-platforming and de-banking the concern is that, irrespective of where one stands Party-politically this is is tantamount to a power grab by lobbies who wish to impose top down control over judges’ ability to speak out, imposing whatever prevailing popular viewpoint is taken at the top of the judicial tree.
