Barbara Mills KC, the first Black chair of the Bar Council, has raised alarm about the persistent barriers of systemic and overt racism that are hindering Black barristers from being appointed as judges. In her remarks, Mills pointed out that despite a notable interest among Black lawyers in pursuing judicial careers, the representation of Black judges remains stagnant at around 1% for over a decade.
Mills emphasized that this underrepresentation is not due to a lack of qualified Black lawyers, but rather the result of deeply entrenched biases within the judiciary and the broader legal system. She highlighted the troubling trend that racial discrimination, both implicit and explicit, continues to affect the career trajectories of Black barristers. These barriers not only impact individual lawyers but also undermine the fairness and inclusivity of the judicial system.
The Bar Chair pointed to the dissonance between the legal profession’s stated commitment to diversity and inclusion and the reality of racial disparities in judicial appointments. While the legal profession has made some strides in increasing diversity at the entry level, the judicial ranks remain disproportionately white, and the promotion of Black lawyers to senior judicial roles remains a significant challenge.
Mills stressed that the lack of Black judges has far-reaching consequences for the justice system, particularly in terms of public trust and the legitimacy of the judiciary. A judiciary that does not reflect the diversity of the communities it serves risks being perceived as out of touch with the lived experiences of those it governs. Furthermore, the absence of Black judges perpetuates a cycle of exclusion and marginalization, making it harder for Black barristers to envision themselves in judicial roles.
In calling for action, Mills urged the government, legal institutions, and senior members of the judiciary to actively address these barriers. She advocated for systemic reforms that tackle both the overt racism and the more subtle, unconscious biases that influence judicial appointments. Mills also called for increased mentorship and support for Black barristers to help them navigate the challenges of advancing to the judiciary, as well as a more transparent and accountable process for judicial appointments.
The ongoing racial disparities in judicial appointments have sparked wider discussions about the need for comprehensive reforms to ensure that the legal profession reflects the diversity of society and operates on principles of equality and fairness. The call for change is not just about representation but about creating a judiciary that is better equipped to serve all communities equitably, regardless of race.
