Penny Darbyshire: Sitting in Judgment: The Working Lives of Judges

Abstract

This book represents a massive undertaking by a single researcher over a period of almost 10 years. After conducting three pilot studies, Penny Darbyshire shadowed 40 judges for at least 4 days each, interviewed them, interviewed a further 37 others and had informal conversations with hundreds more during the course of the research. The bulk of the fieldwork was conducted during 2003–2005, with some observations continuing annually and information updated to 2011. Her sample encompassed salaried judges at all levels of the judicial hierarchy, from District Judges (Magistrates Courts) to Justices of the Supreme Court. Darbyshire’s professed aim in the book is ‘‘to paint a portrait of all types of judges and judicial work, including the routine’’ (2). In this she succeeds. The reader gains a clear picture of the different work of District Judges, Circuit Judges, High Court judges, Court of Appeal judges and Supreme Court judges, in criminal, civil and family jurisdictions. What all judges seem to have in common, according to Darbyshire’s account, is that they are hard working, enjoy their jobs, and are under-appreciated. They are nothing like the pompous, out-of-touch, sexist old fools of media caricature. Indeed, because of their constant exposure to the consequences of social exclusion and unhelpful government policies, they have more of a tendency towards left-liberalism (146). What the book also exposes is the creaking state of the justice system in England and Wales. With the exception of Supreme Court Justices, judges all endure buildings, facilities, staffing, IT provision and working conditions which are inadequate, sub-standard and woefully under-resourced. Their conduct of the business of the courts is also blighted by inefficiency of resource allocation; time-wasting, poor preparation and disregard for case management timetables on the part of lawyers; and increasing numbers of litigants in person.