Judicial Bullying

• CPD Points: 0.75 [PS] [EW]
• Price: $65.00
• Area: Litigation; People Skills & Management; Risk Management and Liability; Wellbeing and Lifestyle; Workplace, Business and Career
• Delivered: November 2022

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Description

Ms Alexis Eddy, Director, and Mr Jordan Tutton, Acting Senior Lawyer, of the Judicial Commission of Victoria joined the Litigation Conference 2022 to discuss the topic of judicial bullying. Judicial bullying occurs in Australian courts. Evidence suggests it is commonly experienced by lawyers, although it may be that only a minority of judicial officers in each jurisdiction who engage in bullying conduct. The Judicial Commission of Victoria investigates complaints about Victorian judicial officers and tribunal members and has functions relating to the professional standards applicable to those officers. This session draws on the Judicial Commission’s recent consultation on judicial bullying in Victoria, and empirical and legal research on workplace bullying. It addresses the following:

• The court as a workplace. What conduct can and should practitioners expect from judicial officers?
• What standard of conduct is generally expected by the community?
• What do we know about judicial bullying? 
• How prevalent is judicial bullying, what are its impacts, what are its causes? 
• What distinguishes bullying from merely ‘robust’ conduct?
• How can judicial bullying be addressed? 
• How can the risks be managed proactively? 
• How can instances of inappropriate conduct be effectively raised and addressed?

The key takeaways from this session are:

• Everyone attending court is entitled to be treated respectfully and with dignity. Respectful and courteous treatment contributes to (a) a more sustainable, productive sector; and (b) greater perceptions of fairness by court users.
• Judicial bullying is not consistent with the standards of conduct generally expected of judicial officers. It is conduct that can present a significant risk to the wellbeing, health and safety of practitioners, court users, court staff and other judges.
• The risk of judicial bullying occurring can be managed through:

1. identifying and controlling, insofar as possible, the drivers of bullying;
2. strong commitment from heads of jurisdiction and court leadership; 
3. setting clear standards of judicial conduct; and
4. implementing processes for reporting and responding to instances of bullying. 

• Addressing instances of judicial bullying requires:

1. raising awareness of the occurrence and impacts of judicial bullying;
2. accessible forms of education, mentoring and counselling to pro-actively support judicial officers;
3. action by the legal profession and judiciary, especially at senior levels, to raise inappropriate judicial conduct and support others to do so; and
4. clear, fair and transparent mechanisms for investigating complaints (that do not impinge upon judicial independence).