Jan 9, 2025 Story by: Editor
Systemic racism and discriminatory practices might be obstructing the path of Black barristers aspiring to become judges, according to the Bar Council’s newly appointed chair. This concern comes amid growing calls to address the lack of diversity within the judiciary.
Barbara Mills KC, the first Black lawyer to chair the Bar Council, highlighted the dismal representation of Black judges, stating that official statistics reveal their proportion has stagnated at “stubbornly around 1 per cent for more than a decade.” Speaking to The Times, Mills said, “It isn’t that Black lawyers are not interested in sitting in the judiciary — but something goes wrong with the system, and we need to identify where it is.”
Mills, 57, who specializes in family law and was appointed a deputy High Court judge in 2023, acknowledged the possibility of overt racism playing a role. When asked whether explicit discrimination could be a factor, she remarked, “It could well be.”
Challenges for Black Barristers
The underrepresentation of Black judges is not a matter of a lack of interest or capability among Black barristers but rather a systemic failure within the judiciary’s selection and appointment processes. Mills pointed to barriers such as limited opportunities for mentorship, unconscious bias during evaluations, and the lack of transparency in promotions.
Efforts to diversify the judiciary have been initiated in recent years, but the outcomes remain far from satisfactory. “The legal profession and the judiciary must actively reflect the society they serve,” Mills emphasized, adding that an inclusive bench builds public trust in the justice system.
Historical and Structural Barriers
The stagnation in diversity is not a new phenomenon. Analysts suggest that historical inequalities, coupled with systemic exclusion, have compounded over the years. Despite campaigns and initiatives to encourage diversity, the progress for Black barristers has been negligible.
Activists and legal professionals have called for reforms in recruitment processes to dismantle systemic biases. Key recommendations include anonymized applications, structured interviews, and proactive outreach to marginalized groups within the legal community.
Mills’s appointment as Bar Council chair is seen as a step in the right direction. Her leadership brings hope for transformative change, but she cautioned that genuine progress requires a collective effort across all levels of the legal system.
“Diversity should not be a box-ticking exercise but a core value that strengthens the judiciary and promotes fairness for all,” Mills concluded.
The conversation around racism within the judiciary is gaining momentum, and advocates hope it will lead to substantial policy changes, ensuring the legal system is equitable and inclusive for future generations. Source: The Times
