Unit Ten Judicial Leadership
A National Curriculum
Rationale
Being a head of jurisdiction and deputy requires high level leadership, administrative and managerial skills. Chief Magistrates, Chief Judges and Chief Justices and deputies must effectively manage internal and external relationships as well as relations with government, the media and the public.
They must also foster collegiality within their court and promote fellow judicial officers’ productivity and wellbeing.
A National Curriculum
Application of the Core Dimensions
Substantive and Procedural Law
Programs in this unit may cover any relevant law that heads of jurisdiction should be familiar with.
Judge Craft Skills
Programs in this unit may cover the out-of-court managerial and administrative skills required for being an effective head of jurisdiction as well as maintaining relations with external stakeholders such as government and the media.
Attitudes and Values
Programs in this unit might involve judicial officers reflecting on their own leadership styles and the values underpinning them.
A National Curriculum
Core Judicial Qualities
- Independence
- Impartiality
- Fairness
- Accountability
- Efficiency
- Transparency
- Competency
- Integrity
- Courage
Independence
The courts remain independent of the other branches of government and judicial officers are not subject to improper pressure or influence when making decisions.
Impartiality
This requires ‘treating like cases alike; a process which is free from coercion or corruption; ensuring that inequality between the parties does not influence the outcome of the process; adherence to the values of procedural fairness…and unbiased neutral decision making
Fairness
Being patient and respectful, allowing litigants to present their case and ensuring the absence of actual or perceived bias
Accountability
open court principles, annual reports identifying expenditure, rights to appeal, as well as giving reasons, noting the variation in this value for those in leadership roles.
Efficiency
Ensuring the reasonably timely resolution of cases.
Transparency
Maintaining an open rather than closed court as far as possible and providing clear and reasoned decisions that are publicly available as far as possible.
Competency
Having sound knowledge of the relevant law and procedure as well as good court craft skills
Integrity
Displaying intellectual honesty, respect and placing the obligations of judicial office above personal interests both inside and outside the courtroom.
Courage
Doing justice according to law irrespective of the consequences or popularity of the decision
A National Curriculum
Judicial Learning Units
Aim
The purpose of this program is to provide heads of jurisdiction with the knowledge and skills to effectively manage their court and relations with external stakeholders.
Scope
Programs might involve–
- Managerial and administrative skills
- different leadership and communication styles and being an effective leader
- Inviting reflection on judicial officers’ own leadership styles and where and how to improve
- Fostering a productive and efficient court
- Promoting and fostering judicial officers’ well being
- Mentoring other judicial officers
- Managing relations with government
- Managing relations with the media and the public at large
Aim
The purpose of this program is to consider how and why heads of jurisdiction should foster an inclusive workplace in their court.
Scope
Programs in this unit may include–
- The benefits of a highly inclusive workplace and the disadvantages of a non-inclusive workplace
- Communication and consultation strategies
- The characteristics of an inclusive leader
- Inclusive leadership strategies and techniques
- Inviting self-reflection on implicit biases that may hinder inclusive leadership
- Strategies for engaging in conversations with colleagues about power imbalances
Aim
These programs develop increased cultural capability in judicial officers, which encompasses cultural awareness, cultural safety and cultural competence, as well as an up-to-date understanding of cultural attachment.
Scope
Programs in this unit may cover–
- Planning out change and formulating the ‘how’ and ‘why’ of change
- Communication and consultation strategies
- Balancing the institutional role of a head of jurisdiction with law reform
Aim
The purpose of this unit is to juxtapose how the Australian judiciary operates with how courts in other countries operate in order to develop better practices, procedures and approaches where appropriate.
Scope
Programs might cover–
- Court management best practices in other jurisdictions