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Joshua Rozenberg
Thursday 4th March 2010
Judge-making in Crisis

In The Times today, Frances Gibb reports that Jack Straw has blocked the appointment of Lord Justice Wall as president of the High Court family division. This ties in with my own report a month ago that the Judicial Appointments Commission was having difficulties in filling the post.

Sir Mark Potter is determined to retire as president at the end of this month, come what may. Because the appointments commission has failed to produce a successor, there will be little or no overlap period. Family justice will suffer as a result.

And when are we going to get a new Justice of the Supreme Court? This month, it is claimed. I suspect that the appointment is sitting on Gordon Brown's desk, waiting for a decision from a notoriously indecisive prime minister.

The court will have been an extra member down for two whole terms, although it is fair to say that this has not, apparently, led to many delays: the "docket" is fairly light.

Even so, our whole judicial appointments system is threatened by these failures.

 
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Robin Tiowns
March 4th, 2010
10:03 AM
The doctrinaire 'reforms' of 2005 were said to be intended (inter alia) to de-politicise the judicial appointment process. Let us hope that the President of the Supreme Court & his colleagues on the selection panel for the appointment of a new President of the Family Division stick to their guns and resubmit the name of Lord Justice Wall for consideration for appointment. This should flush out the Lord Chancellor - surely a man of straw in more senses than one - since he must then either accept or reject the nomination & (if the latter) give his reasons. He cannot ask the panel to re-consider a second time. I am not suggesting that all recommendations should simply be 'rubber-stamped' but if a carefully considered recommendation is not accepted, surely reasons ought to be given in the interests of 'open governemnt' - a cause espoused by the present Government (at any rate when it suits them).

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About Joshua Rozenberg

Joshua Rozenberg was the BBC's legal correspondent for 15 years. He moved to The Daily Telegraph in 2000, editing the paper's legal coverage for eight years. Now a freelance writer, commentator and broadcaster on legal affairs, he blogs exclusively for Standpoint.

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