'Being a judge is like being a referee. You make sure the game is played fairly and make unbiased decisions according to the rules. Personal views or personal moral stances cannot enter the equation,' says District Court Judge, His Honour Judge Allan Fenbury.

In Western Australia, there are approximately 115 judges, of whom the majority are male. However, Her Honour Judge Kate O'Brien believes that it's important for this to change as courts deal with both men and women.

Judges are appointed by the Governor, or following the recommendation of the Executive Council of the Government. The Solicitor General canvasses the legal profession for likely candidates. To be eligible for selection you must have completed at least a Bachelor of Laws degree, and spent a minimum of eight years practising law. Typically, judges come from a litigation background.

Each year, around 600 students commence a Bachelor of Laws.

When someone commits a crime, they need to be held accountable and, in the instance of a dispute, the matter needs to be brought to a conclusion. Applying their understanding of the law, judges decide or guide others to decide whether or not someone is guilty of a crime, or who is right or wrong in disputes.

While all judges perform similar duties, the Court they preside over will determine the sort of cases they hear. In the District Court, cases involving serious criminal offences are heard. They may require a jury to decide on the verdict (guilty, or not guilty).


However, not all court cases require a jury. In a civil court, judges hear evidence from two different parties (the plaintiff/s and defendant/a). After hearing and considering all the evidence, the judge decides who is the successful party.

The Family Court deals with issues of family law such as divorce, property settlements following a divorce, custodial and access rights to children as well as adoptions.

Other courts, such as the High Court, are not trial courts but appeal courts. Here, High Court judges review decisions of the lower courts. They decide if a judge has made the right decision on a case, or if a jury was instructed properly. The High Court also makes final decisions on matters that are of national (constitutional) importance, such as the famous Mabo decision.


All In A Day's Work

Before the commencement of a trial, judges familiarise themselves with the case by reading over prosecution and witness statements (if a criminal matter) or plaintiff's and defendant's pleadings (if a civil trial). Matters of law may also have to be decided before the trial.

'Once jury selection is completed [in the District Court], the judge has a limited, yet important role. Limited, because you just listen to the case; important, because you make sure the trial is run fairly, according to the rules of law and evidence and that no improper evidence is before the jury,' says Judge O'Brien.

Once all the evidence has been given, the judge instructs the jury on matters of law.


Guilty As Charged

If found guilty, the judge determines the appropriate punishment for the accused.

'Some cases are like flying through clear skies - easy and undemanding, while others are like flying when the weather is at its worst,' comments Judge Fenbury.

There is great variety in the cases that come before a judge. Easy cases can be decided quickly, while more difficult cases clearly take longer. However, no matter how difficult a case is, the decision must be handed down without delay.

Judge Fenbury comments how he enjoys working on the cases heard in the District Court:


'During a case, a courtroom is in a sense a living space. There can be theatre, drama and people's lives, in all their variety, on display.'

Both Judge Fenbury and Judge O'Brien believe that it can be emotionally draining work.

'You make decisions about the future of people. While they may deserve to go to prison, it can be hard when they have children, for example,' says Judge Fenbury.

When out of Court, judges read the various transcripts of the day, taking notes in relation to the case. They may also have to write outstanding decisions from previous trials.


More Than Just Legal Expertise

The diverse range of duties undertaken by a judge requires more than just expertise and experience with the law.


'You must have a sense of justice, which involves knowledge of the law, well-developed moral values and fairness. You also need to know about life and human interaction,' says Judge Fenbury.

Employment prospects in this profession are very limited. You must have the correct qualifications, the necessary work experience and then be approved by the Governor. However, employment is secure once you have been appointed. The position is yours until you are 70 years of age.

Judges may work in either State (Supreme, District, and Local or Magistrates Court) or Federal Courts (Family and High Courts).

District Court judges earn approximately $270,000 per annum, while a Supreme Court judge may earn up to approximately $300,000.

To become a judge, you must be appointed by the Governor. To be eligible for selection, you must have completed at least a Bachelor of Laws degree, and spent a minimum of eight years practising law. Usually, judges come from a litigation background.

While the minimum practising time required to become a judge is eight years, judges will usually have practised for around 20 years or more before being invited to appointment.

University entrance to all courses requires completion of Year 12 with a suitable Tertiary Entrance Rank. Prerequisite subjects may be required if enrolling in a combined degree.

Murdoch University offers a four-year Bachelor of Laws or a joint Bachelor of Laws with another degree program, eg communications, English, Asian studies, psychology, sociology, environmental science, commerce or economics. Combined degrees usually take five years to complete.

The University of Notre Dame Australia offers a four-year Bachelor of Laws degree, in addition to a very intensive three-year graduate program. Combined degrees, taking five years to complete, are also available with arts, business or commerce.

School leavers entering into a Bachelor of Laws at the University of Western Australia must complete a five-year combined degree with arts, economics, commerce, science or arts (Asian studies). Those who have already completed a university degree in another discipline may be able to complete the law qualification in three years.

Edith Cowan University also offers four-year single and five-year double law degree courses. Double degrees team law with arts or business.

	Other Training Providers
	National Training Information Service website.
	TAFE Colleges
	Homepage links and contact details for all TAFE Colleges in WA.
	TAFE Handbook
	An online guide to full-time TAFE courses available throughout WA.
	Universities
	Homepage links and contact details for all Universities in WA.

Department of the Attorney General
Level 16, 141 St Georges Terrace Perth WA 6000 Ph: 13 12 17 or (08) 9264 1711 URL: http://www.justice.wa.gov.au

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