From Advocate to Adjudicator: Paths to the Bench

  • April 02, 2024

This meeting was held at 5:30 PM at McCarthy Tétrault LLP in Vancouver, British Columbia and via Zoom.

This meeting was not recorded at the request of the speakers. 

Guest Speakers

The Hon. Justice Jennifer Whately, Supreme Court of British Columbia
The Hon. Justice Anita Chan, Supreme Court of British Columbia
The Hon. Justice Jacqueline Hughes, Supreme Court of British Columbia

Eileen Patel, Patel Advocacy (Moderator)

Presentation

  1. Introductions

WLF Education Committee Co-Chair Laésha Smith welcomed everyone to the event and introduced the moderator for the evening, Eileen Patel. 

The Justices each provided brief introductory comments on their career trajectory. 

 

  1. Q&A

The Justices answered questions and discussed topics ranging from the decision to embark on a judicial career to imposter syndrome and the challenges of starting a new role. 

The following themes emerged from their answers:

  • Prior to applying for an appointment to the bench, those interested should be alive to the demands of the job and are encouraged to speak to a judge. Judgeship is not an easy position or a winding down before retirement. It is a demanding, new career with a steep learning curve. Travel is required and control over scheduling is limited.
  • A love of writing, strong active listening skills, and open-mindedness are key attributes of prospective judges.
  • The decision to apply should include family members as becoming a judge is life-changing and can upend routines. 
  • Potential applicants should think about references in advance and be prepared to devote a considerable amount of time and effort to the application. 
  • The appointment is very sudden, and there is not much time for successful applicants to wind up their practice. Having good teams on your files in advance eases the transition.
  • Being a judge is incredibly rewarding, and an amazing opportunity and privilege. However, it comes with its own challenges. Tips for managing balance and confidence include:
    • Recognizing that there are seasons in life for everything, and no one can do it all, well, at the same time. 
    • Having a solid support system.
    • Not allowing gender biases to impact one’s style and approach to adjudicating.
    • Understanding that all judges were at one time new judges, and that everyone on the bench arrives with different experiences, backgrounds, and expertise. Newly appointed judges are well-supported by colleagues, and receive training and resources.
  • A common misconception that lawyers have about judges is that they have time to read materials at their leisure. The truth is that they have no downtime. On weeks when they are sitting, they are in hearings continuously, and if one hearing finishes early, they are scheduled to sit for another matter. 

The Justices’ final tips included not foreclosing any paths, and to take the leap of applying if you think a judicial career is the right fit.

  1. Conclusion

Laésha thanked the moderator and panelists for their time and adjourned the meeting.

 

CPD: Duration of meeting was 1.5 hours. Of this, 1.5 hours can be counted towards CPD.