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Paralegals given green light to become judges

15 November 2010 | By Laura Manning

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The Judicial Appointments Commission (JAC) has confirmed that senior paralegals are now eligible to become judges.

The decision follows discussions between the JAC and the Institute of Paralegals during 2009 and 2010, which concluded that paralegals may apply to become judges of first-tier tribunals.

James O’Connell, chief executive of the institute said: “It is yet another sign that paralegals are becoming recognised as professional legal practitioners.”

The changes to the Tribunals, Courts and Enforcement Act will allow paralegals to apply for two roles that the JAC is selecting in the coming months.

The positions are Fee Paid Judge of the First-tier Tribunal, Social Entitlement Chamber and Fee Paid Immigration Judge of the First-tier Tribunal, Immigration and Asylum chamber.

Since the Act was passed in 2008, it has not been necessary to have formal legal qualifications for some judicial posts in tribunals. The Lord Chancellor can decide if a paralegal has sufficient experience to proceed in the JAC selection process.

Judge David Pearl, JAC Commissioner, who sits as a judge of the Upper Tribunal, said: “The JAC is excited by this broader approach to eligibility because we are committed to expanding the range of applicants for judicial appointment.”

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Readers' comments (2)

  • NALP spokesperson | 16-Nov-2010 2:20 pm

    The National Association of Licensed Paralegals has been aware of this issue for some time because one of our licensed paralegals is a tribunal panellist. However, we would urge caution in applying for these types of positions because the NALP is aware of only one 'outsider' being appointed to a fee-paying role to date.

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  • James O'Connell | 23-Nov-2010 9:58 am

    Regarding the comment from the NALP spokesperson above.

    I am sure that the spokesperson will be happy to learn that his/her warning, once absolutely accurate, is now out-of-date. The discussions between the Institute of Paralegals and JAC was precisely to remove the informal prohibition referred to above. This was done by bringing the JAC up to speed about how the paralegal profession has developed since the relevant Act came into force. What has now changed is that with that better understanding government is now actively seeking paralegal applications. We would expect this change of attitude to lead to many more successful applications from paralegals. Therefore we encourage all paralegals who think they have enough experience to consider this exciting new career option.

    Things are changing for the better - as our recent meeting withthe Master of the Rolls to discuss paralegals in the civil justice system demonstrates.

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