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What qualifies someone to become a judge? The answer is surprisingly vague and even taboo to discuss. Lawyer Jessica Kerr sifts through the murky, mysterious process that sits at the center of the Commonwealth judicial system in countries like Australia — and makes the case for “judge school,” a legal education better fit to bring justice, legitimacy and public trust to any court.
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Transcriber:
You’re in a room you don’t want to be in.
Something bad has happened.
There’s a stranger in a suit
with your future in their hands,
A judge.
Four years ago, that judge was me.
The people looking up at me then
had no choice but to trust me.
But what had I done to deserve it?
Australia’s judicial system operates
under a shroud of mystique
which fends off tough questions like this.
But you will have the right to ask
how people like me prepare
for the job of judging.
And you may not feel comfortable
with the answers.
The system needs to change.
To set the scene, first,
let’s think about public confidence.
Judges in Australia are not elected.
Yet, the power they wield is immense.
Ultimately, we trust the system
because we believe
that judges generally get it right.
If we lose that belief,
we risk unbalancing
the whole constitution.
But we live in a time when blind faith
in elites is eroding fast.
Judges are increasingly vulnerable
to the “why” question.
Why do you deserve the power
we have given you?
And so they should be.
Second, it’s fundamental that judges
have to be seen as independent,
doing their jobs without fear or favor.
To avoid any pressure
from the government of the day,
judges have high salaries,
which can never be cut,
and they can’t be fired
for what they say or do.
Unless they’re obviously corrupt or mad.
In exchange, judges agree
to be ultrarestrained,
both in and out of court.
A kind of veil comes down
when a judge is appointed.
It’s a lonely way to live,
and it feeds into this sense
that judges are somehow different
from the rest of us.
Finally, I can tell you that all judges
are in theory appointed on merit.
That sounds good.
And in theory it is.
Judges are chosen
in a confidential process
which relies heavily on advice
from senior judges.
The people chosen
are all experienced lawyers,
traditionally top courtroom
lawyers or barristers,
who spend their days
appearing in front of judges.
They’re all personally
shoulder-tapped for the job,
and the results are in general,
pretty impressive.
But what do we really mean
when we talk about merit?
For one thing, barristers
are historically maler,
paler and staler than other lawyers,
which is really saying something.
It’s been argued that the people
who get chosen as judges are above all,
the ones who remind
existing judges of themselves.
Diversity on the bench is an issue
that’s become impossible to ignore.
And judges are essentially picked
based on how well they argue cases
in front of judges.
But that doesn’t really make sense.
Let’s compare a courtroom
and an operating theater.
Barristers and judges both play
essential roles in court,
just like anesthetists
and surgeons in an operation.
But you don’t hand
an anesthetist a scalpel
just because he’s been putting
people to sleep
for the surgeon for 10 years.
The underlying skill set may be
the same in law as in medicine,
but the jobs are fundamentally different.
The strange truth about judging
in countries like Australia
is that even though judges
are such an important part of government,
we’ve basically privatized
the system of making them.
That work is done, if it’s done at all,
within the private legal profession.
And here’s the thing.
There is no judge school
for wannabe judges.
Judicial appointment is seen
as a badge of honor,
not as a professional milestone
that a lawyer builds up to
the way that a doctor works
towards specialization.
Judges are just lawyers
until the day they take the judicial oath.
And from that day it is sink or swim,
except they can’t be fired
for incompetence.
How do you think it would feel
to know your life was on the line
in a judge’s first ever case?
And how do you think
that judge would feel?
The transition to the bench
can be a baptism by fire.
I had never run
a criminal trial as a lawyer,
and there I was in a magistrate’s court
in the Seychelles,
being asked to hand down
12-year prison sentences
in my first month on the job.
It was terrifying.
Is it any easier to make that transition
as a top courtroom lawyer?
Well, in some ways, definitely.
Barristers do know a lot of law
and the years of watching judges in action
do give them a head start
on how the process works.
But as society changes,
our expectations of judges
are changing, too.
Judges are increasingly called on
for a whole range
of extra nonlegal skills.
They have to be managers and leaders,
politically and culturally savvy,
able to handle relentless scrutiny
and social isolation.
We don’t necessarily expect
or even value those skills in a barrister.
And when we aim
for a more diverse judiciary,
the problem actually gets worse.
If we want less male, less pale judges,
we’re not likely to find them all
in barristers chambers.
And people who haven’t spent
their working lives in court
can’t possibly be expected
to just know how judging works,
no matter how excellent
they may be in other ways.
So what you end up with
is a situation where no new judge
is actually likely to have every piece
of the merit puzzle.
But the number and shape
of those missing pieces
varies hugely from judge to judge.
How is this OK?
Why does our system assume
that anyone comes ready-made
for such a demanding job?
It turns out there are some
pretty strong cultural reasons why.
People who study judiciaries,
that’s me now,
are traditionally reluctant to talk
about behind-the-scenes issues,
like making judges,
for fear of being seen
as interfering with judicial independence.
I think this has gone too far.
Independence depends on public confidence.
And we can no longer be expected to trust
what can’t be explained and justified.
But the legal elite have an obvious
interest in maintaining the status quo.
As a lawyer,
it feels uncomfortable
to criticize a process
that my barrister friends
say is a natural progression,
even a kind of right.
And getting any lawyer to talk openly
about learning how to judge is hard.
People like me learn quickly
that admitting to judicial
ambitions is out of order.
You can aim to be a barrister,
which puts you in the running,
but you can’t be seen as angling
for an appointment.
The contrast with a profession
like medicine couldn’t be more stark.
The incentives in law are all backwards.
I came to realize
that it was only in confronting
these culture barriers
that I would have any hope
of breaking through
from the why to the how.
So how do we talk about making judges?
It starts with government taking more
responsibility for its own processes.
And not just in explaining
why it picks one person over another,
although that would help.
At the top of my list
is ongoing education for judges.
Judges in Australia do actually
go to judge school now,
kind of,
but only behind closed doors
once they’re already on the job.
It’s labeled as CPD: Continuing
professional development,
which is totally routine
and compulsory for lawyers
and other modern professionals.
But because no one is supposed
to tell a judge what to do
or how to think,
in case that undermines
their independence,
it’s all voluntary.
In principle, a judge like me
could just say no.
And that CPD label neatly avoids
the elephant in the room,
the fact that every modern lawyer
needs at least some help
learning how to be a good judge
in the first place.
There’s actually some amazing work
starting to happen in judicial education,
but it is nowhere near enough.
And in any case,
it’s those pre-appointment years
that matter the most.
Government has taken
no responsibility at all here.
And to get past that stigma
on wannabe judges,
the profession itself has to change.
Whether it happens formally or informally,
we need to be thinking
about a judicial career path
and actively creating judicial merit.
We need to support young lawyers like me,
particularly the diverse ones,
to do things that will
make them great judges,
not just great lawyers,
especially when those things
are not likely to get them
promoted as lawyers.
In hindsight, I wish
I’d had way more experience
in things like community justice,
technology and management.
And I so wish I could have gone
to judge school.
Better prepared lawyers
would mean better inputs
for those people who choose
and manage judges
and ultimately better evidence
that those judges deserve your trust.
And that’s what it all comes back to.
Any of us, any day,
could find our future
in the hands of a judge.
In that moment,
we need to be able
to look each other in the eye
and know we can trust the system.
Thank you.
(Applause)
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ScoriacTears
July 13, 2021 at 3:36 pm
. . . Oh, not about Mega City Judges. . . damn.
dhananjay krishna
July 13, 2021 at 3:43 pm
She is so honest that she creates a doubt about the whole “being a judge” thing😂
Tyler
July 13, 2021 at 3:53 pm
Neat an in person ted talk!
Nicole on EQ
July 13, 2021 at 3:57 pm
Incredibly introspective 💫
Bhavesh Mahale
July 13, 2021 at 4:04 pm
When nature treats everyone equally, how a judge could determine the guilty and victim?
sweetriri90
July 13, 2021 at 4:11 pm
US give rapists minimal jail time for their crimes. Judges are not free from the misogynistic culture they are raised in. They’re only human, and bring their bigoted world view to their cases.
Homer62001
July 13, 2021 at 4:22 pm
In Canada most judges are former government lawyers, so they’re biased from the start.
Frank Day
July 13, 2021 at 4:25 pm
Who can trust a judge today? Who needs them?
Democracy is founded on the right of the accused to be judged by a jury of twelve of his peers. In this context peers means equals, not curly-wigged hob- knobs.
Njul
July 13, 2021 at 4:34 pm
Been a long while since I have lost total faith in “the system” anyway.
Judges should not be allowed to sentence people to prison, unless the judges themselves have endured equivalent prison time.
Hot Girls Video XXX
July 13, 2021 at 4:55 pm
just take the two of us…
Rishabh Bhatia
July 13, 2021 at 5:01 pm
Truly courageous. Changing the system while being a part of it is not easy.
The Rock Girl Rishika
July 13, 2021 at 5:05 pm
we should trust the judge but if we feel that the decision is not right then we should go to higher courts
but remember ” always trust the system ”
PROUD TO BE AN INDIAN!!
Mykey Farrington-Manchester
July 13, 2021 at 5:14 pm
🌍GREAT LIGHTWORK🌈
TED =
= PEOPLE CHAMPION👥
GLOBAL GUARDIAN🌍
TH👥NK Y🌍U
for people support
youtube
MYKEYCARD
LIKE.SHARE,CARE❤
SPECIAL THANKS
GOOGLE//YOUTUBE
📡“BE MOST EXCELLENT TO EACHOTHER““🌍
L❤VE + PE🌈CE = HARM💫NY
ONE W🌍RLD ONE TE🌈M
TOGETHER WE G❤T THIS
Jasem Al Hammadi
July 13, 2021 at 6:12 pm
Nowadays capitalists make judges. Judiciary system serves capitalism. The best lawyers are hired by the bankers and those corrupted lawyers will end up becoming the judges that only understands that language.
Iron Maiden
July 13, 2021 at 6:19 pm
So my last comment got deleted. Of course it did. I spoke the truth on social media. Who would have thought.. My ex wife was involved in the law system. I had BBQs with judges on the weekends. They are people like you and I.. They don’t care about people. They care about putting a roof over their heads and food on their families table. Stop pretending people care about people. The Empathy thing is an old card. We don’t get fooled by that trick anymore.
Melesniannon
July 14, 2021 at 3:42 pm
People actually do care about people, humans are evolved as social animals and it’s an ingrained part of our being for the vast majority, in part because a punishment system reduces the amount of non-cooperatives in any society.
It’s simply not the judge’s job in western societies to be empathetic or sympathetic. Western rationality has systematically forced empathy out of its deliberative systems and both underestimated, and undervalued, the contribution of emotions to the deliberative process. You are absolutely right that judges are also just people, and thus their decisions are impacted by their own mental states; knowledge, experience, emotions, the whole lot. However that may very well include empathy or sympathy to some extent.
sea bird
July 13, 2021 at 7:03 pm
Take off the money involve, and you will get real judge ….. like Politicians too
James Kulevich
July 13, 2021 at 7:41 pm
Well, this is one side of a story. No one can truly be a good judge without hearing both sides of a story.
Martin Stent
July 13, 2021 at 8:03 pm
She should have put more weight on the independence of the judiciary. That’s so important, and it’s the reason why government shouldn’t be involved, and why judges should choose judges. OK, a judge school is obviously a good idea. Wanna make it compulsory! Why not?
Lisa Love Ministries
July 13, 2021 at 8:17 pm
Only One True Judge.
Proverbs 9:10
Peter Petrakis
July 13, 2021 at 8:40 pm
She makes a lot of good points. It’s managed today like a trade where the quality of the judges being appointed depends on the existing judges selecting them. If that upper echelon gets corrupted there’s really no path back to what a good judge should look like. I suppose the reason why there isn’t a “judge track” is because no one understands the problem well enough to take a stand and solve it. Just recently I heard of someone getting an interview scheduled for an appointment out of the blue. He got a short message on his voice mail with a date time and place and that’s it. This attorney happened to be a mediator but had previously been a litigator for 20 years. So I guess that’s what a judge track looks like around here.
Donna Woodford
July 13, 2021 at 11:21 pm
I had a divorce mediator who was a retired judge. IMO, she was good and fair, but when it came time to putting the negotiation on paper, the agreed terms didn’t hold up bc the other party wanted to negotiate more, and that mediator was no longer in the picture. Another mediator was a lawyer by training, but didn’t have the litigation practice. I felt that she was a dud bc less than fifteen minutes in, the other party said he wasn’t ready to negotiate, and the ball was dropped. Her report to the Court was that both parties negotiated in good faith (really doubtful on his part), and from there case management conferences were mandated. Finally, I appealed, and understand that the final judgment is made among a panel of three judges. I can only hope that the judges review the evidence, and make the appropriate decision.⚖️ I wouldn’t recommend either of my two attorneys to become judges. I learned that lawyers can be reported to the bar association. Can the same be done with judges???
Brittiany Istre
July 13, 2021 at 8:58 pm
This is one reason why there is systemic racism and why we still have the same issues happening. It’s outdated bullshit because the previous judges pick someone like themselves. An endless cycle.
Ann Hooper
July 13, 2021 at 9:30 pm
The fact, is cryptocurrency is making financial waves and fighting against poverty in this modern era, and the question traders ask themselves is, if it is the right time to invest ?
Before jumping into conclusion i think you should take a good look at things first. For the past few days the price of XRP has been fluctuating which means the market is currently unstable and you can’t tell if it is going to bearish or bullish. While others still continue to trade without the fear of making loss, other are been patient. It all depends on the pattern with which you trade and also the source of your signal. I would say trading has been going smoothly for me, i started with $9,500 and i have accumulated over $89,600 within 2weeks with the trading strategies given to me by Expert Mr Powell His method are top notch and profitable, obviously he’s the best. You can What///sap him…
Ann Hooper
July 13, 2021 at 9:31 pm
{+ 1 3 8 0 2 0 5 4 7 3 8}
Larry Brendler
July 13, 2021 at 9:41 pm
I’ve heard about Mr Powell but was sceptical to invest due to fear and ignorance, anyway can i verify his service??
mt89
July 13, 2021 at 9:45 pm
Meanwhile taking the money under the table, it’s ok we get it
Eleanor Rouxel
July 13, 2021 at 10:25 pm
My only judge is the Father God. Judges get it wrong because we are all are not perfect> Judges are not perfect, only the Almighty God.
Melesniannon
July 14, 2021 at 3:28 pm
Let us know how that comment works out for you if you’re ever in front of a judge.
Donna D
July 14, 2021 at 3:26 am
What a crock !!! Already overpaid for what? & Now she wants to go back to school on your dime! Watch out for that slippery slope … How many decades have courts been hearing cases about poisoned drinking water … huge amounts of money invested in those cases .. & yet, all of these decades later things just keep getting worse! Don’t let me get started on child protection . . .
Bertie The Pom
July 14, 2021 at 6:12 am
No judges should believe in god, if they choose to ignore all the facts that religion is false then they can never be judge fairly
stephen roche
July 14, 2021 at 6:40 am
She is handing the ball to us.
stephen roche
July 14, 2021 at 6:42 am
Same old.same old
Aini Inayatus sholikhah
July 14, 2021 at 6:55 am
aku yang gatau artinya tpi tetep nonton 😭😂
TKA / TPA 【 P𝖗𝖆𝖕a𝖙an Kalisari 】
July 14, 2021 at 9:23 am
Thank you TED
O, thank you very much, TED √
I saw it firsthand in Indonesia✶ ⃝ 🇮🇩🇮🇩
where devout Christians worshiped freely in an
overwhelmingly Muslim country.
That is the spirit we need today.
People in every country should be fre⃝e ★ ★ to choose and live their faith
based upon the persuasion of the mind and the heart and the soul.
Thistolerance │ is essential for religion to thrive, but it’s being challenged in
many different ways.
Among some M⃝uslims, there’s a disturbing tendency to measure one’s own faith by the rejection of somebody else’s faith.
The richness of
religious diversity must be upheld — whether it is for Maronites in
Lebano⃝n or the Copts
in Egyp⃝t🇪🇬🇾🇪 .
And if we are being honest,
fault lines must be closed among Muslims, as well, as the divisions
between Sunni and Shia │ have led to tragic violence✶,
particularly in Iraq⃝ 🇮🇶🇮🇶 .
🇫reedom of relig⃝ion│ is central to the ability of peoples to live together.
We must always examine the ways in which we protect it.
For instance,
in the United States ⃝ 🇺🇸🇺🇸 │ rules on charitable giving have made it harder for
Muslims to fulfill their r⃝eligious obligation
🆃🅺 A 〘 Pra𝖕a𝖙an Ka𝖑i𝖘ari 〙
July 14, 2021 at 9:23 am
Thank you TED
O, thank you very much, TED √
I saw it firsthand in Indonesia✶ ⃝ 🇮🇩🇮🇩
where devout Christians worshiped freely in an
overwhelmingly Muslim country.
That is the spirit we need today.
People in every country should be fre⃝e ★ ★ to choose and live their faith
based upon the persuasion of the mind and the heart and the soul.
Thistolerance │ is essential for religion to thrive, but it’s being challenged in
many different ways.
Among some M⃝uslims, there’s a disturbing tendency to measure one’s own faith by the rejection of somebody else’s faith.
The richness of
religious diversity must be upheld — whether it is for Maronites in
Lebano⃝n or the Copts
in Egyp⃝t🇪🇬🇾🇪 .
And if we are being honest,
fault lines must be closed among Muslims, as well, as the divisions
between Sunni and Shia │ have led to tragic violence✶,
particularly in Iraq⃝ 🇮🇶🇮🇶 .
🇫reedom of relig⃝ion│ is central to the ability of peoples to live together.
We must always examine the ways in which we protect it.
For instance,
in the United States ⃝ 🇺🇸🇺🇸 │ rules on charitable giving have made it harder for
Muslims to fulfill their r⃝eligious obligation
Arid Sohan
July 14, 2021 at 10:55 am
The Judges parents make the Judges.
PK games
July 14, 2021 at 11:49 am
@Jessica Kerr , Does your Government in Australia have Prison Fill quotas that you’re asked to meet? In the U.S it seems that if Prisons are only at 85% to capacity, Judges are asked to Fill them, which motivates them to handing out sentences to non violent offenders
Melesniannon
July 14, 2021 at 3:19 pm
It’s a downside to elected judges as well, even though not all judges are elected in the US. An elected judge facing re-election will be more inclined to punish more harshly, because they want to be seen as doing their job, which by their electorate is defined as convicting criminals. A judge who doesn’t is quickly seem as ineffective and not ‘tough on crime’, irrespective of the actual guilt of the suspects.
Is that prison quote a real thing by the way? Never heard of it before.
PK games
July 14, 2021 at 3:56 pm
@Melesniannon That’s true, I can see that.. About the Prison Unfortunately it seems commonly assumed, but not really something anyone would confirm.. I think its mostly Privately owned Prisons being ran as a Business, and the More they are Filled the better the business. Take into account you have Judges running for Elections and Government Officials above the Judges running for Elections, they probably collect big donations from these Privately owned Prisons and in turn like you said, the more the Judge convicts and sentences, the Happier these Prisons are to keep them in their seat
Melesniannon
July 14, 2021 at 4:22 pm
@PK games I see your point but I’m not sure it works that way. A lot of prisons which were privatized were so because they were overflowing and became too expensive to maintain publically. The US has had little trouble in the past filling its prisons, even before privatization of prisons became a thing.
I do think you are right that the owners of privately owned prisons will donate to judges they believe are inclined to judge harshly and impose frequent and long prison sentences. That kind of lobbying is definitely a corrupting influence.
However, googling some data, most of the increase in incarcerations took place in the 80s and there’s actually a decline in incarceration rate recently. The increase coincides with the “tough on crime” attitude of the time, particularly how it pertains to the “war on drugs”. I also found an interesting article regarding prison populations in Kentucky, which are increasing, whereas the national prison population level is decreasing, and pointing out a cause for the increase in Kentucky is harsher penalties for opioid trafficking. Which suggests that such an increase is merely judges doing their jobs as perscribed by law, rather than anything nefarious such as quotas.
It’s a complex subject, and there are probably a lot of factors that contribute to filling prisons :-).
Pacmon Kruz
July 14, 2021 at 12:54 pm
USA:president has a better idea which crooked lawyer judges better
….
Atilla Göktan - Listen Turkey
July 14, 2021 at 7:02 pm
.👀.
Tom Herbert
July 14, 2021 at 9:46 pm
I always wondered if solicitors would make better judges than barristers. Frankly, academics are best suited, more often looking for truth rather than the barristers used to starting with a ‘truth’ their client needs them to prove.
PAC
July 15, 2021 at 2:31 am
George Soros
HUMBLE AZZHOLE
July 15, 2021 at 3:10 am
U.S. judicial system is corrupt because judges are appointed. It could be “political entrapment” that a judge would feel obligated to the politican or party who appointed them, thus forcing them to give them favors, whether if it’s unfair or unethical, and as a result compromises our democracy. But the problem is bigger than the judicial system; we might have to give our constitution a big overhaul because “IT’S NOT PRODUCING DEMOCRACY, IT’S ACTUALLY PRODUCING A “COVERT TYRANNY.” But changing the constitution, might require another revolutionary war because their are people who want to keep this wretched country a “COVERT TYRANNY.” The government is the New King George III. Should we go George Washington on this muthaf*cka? 🤣
Yalda Raz
July 15, 2021 at 1:16 pm
but, isn’t this circle of trust apply to other professions? seems its a common problem within societies not just judges
Worth It Candy
July 15, 2021 at 1:39 pm
Very insightful and well-done presentation by Jessica Kerr. It is great to hear about the inner workings of democracy that question the very unorthodox judiciary leanings and views within a compound of the total distraction of causation when it’s at the moment. This was pretty much in-your-face honesty of character that should be viewed as a natural state.
acedotcom
July 15, 2021 at 5:06 pm
Hey TED….why have you been turning off comments on your videos? I will instantly downvote and not watch videos were you turn off commenting.
Jose Salvador Villa
July 15, 2021 at 5:14 pm
Why were the lastest videos comments disabled?
Daniel Stanczyk
July 15, 2021 at 5:38 pm
Turning off comments? Cowards
Leo M
July 15, 2021 at 6:16 pm
Why TED disabling comments on recent videos?
ScoutiverTTV
July 15, 2021 at 6:40 pm
Because that community gets special privilieges.
ScoutiverTTV
July 15, 2021 at 6:46 pm
Test if someone is manually removing comments.
Read this backwards cause it keeps getting removed:
.ti rof mi nerdlich rou no yerp tnod sreeuq eht sa gnol sA
Za Az
July 15, 2021 at 6:48 pm
I LOVE TED talks. I think they give a great view of perspective and help us understand one another. It’s a shame that some talks need to have comments shut off because of the hatred out there (Crystal Rasmussen as a most recent example). This just goes to show you how much more work we really need to do. Love to you all.
ScoutiverTTV
July 15, 2021 at 6:49 pm
Hatred and critique is not the same
Za Az
July 15, 2021 at 6:53 pm
@ScoutiverTTV correct, but comments haven’t been shut off for most other TED talks, regardless of “critique”
darktennisball
July 15, 2021 at 11:05 pm
I wonder what this company’s formula is for deciding which comment sections are turned on vs off
psp785
July 16, 2021 at 1:57 am
ted talks is suppose to about promoting ideas but they keep disabling comments on videos they don’t want people to disagree with
they went full sjw what a joke 😂
NotMyTempo
July 16, 2021 at 7:08 am
@TED Why are comments turned off for some videos?
Leo Yambao
July 16, 2021 at 2:52 pm
Was I Lucky to have meet a judge that was fair and helped me understand the system.(very important) the questioned they asked gave me options and I had to choose.
They shall be able to judge when they feel well and quit when it is running bad?!🤷🏾♂️
Jonathan Turek
July 18, 2021 at 8:52 am
I like the science videos on Ted talks
But if it starts becoming a far left political channel
I’m going to cut them out of my feed