Judicial Qualities: Illustrations from Past Lives
18 Judicial Studies Institute Journal [2008:2 JUDICIAL QUALITIES: ILLUSTRATIONS FROM PAST LIVES EVAN BELL* INTRODUCTION Judicial obituaries are neither penetrating studies nor full length biographies. They are, at best, brief biographical sketches. Nevertheless an examination of them can cast light on the qualities which are desirable in the exercise of the judicial functions. Judicial obituaries provide not only summaries of the public facts of lives, but glimpses of the uniqueness of individuals, and appraisals of character in memorable lives. This article seeks to examine what qualities have been admired in judges by distilling such traits from obituaries published in national newspapers in recent years. In the public mind judges inevitably tend to be defined by their more controversial decisions, and hence obituaries may focus on notorious cases rather than notable qualities. Nevertheless, a particular case may demonstrate the significant qualities possessed by an individual, and have come to define the individual’s approach to their work. However, in the minds of legal practitioners, it is the qualities, personalities and working methods, rather than individual cases, that are significant. Some comments about the source material for this article are important. The tenor and focus of judicial obituaries may vary considerably between different newspapers.1 I have chosen to use obituaries from across a range of jurisdictions and for some obituary writers, particularly in the United States, judges may be judicial heroes because of their legal philosophy. However, for the purpose of this article, judicial philosophy is irrelevant; it is the generic judicial qualities which are at issue. Although few _____________________________________________________ * Master, Queen’s Bench and Matrimonial, Supreme Court of Judicature for Northern Ireland.
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