Researchers unpack criticisms of judges and courts

The reactions of judicial officers to criticism from the public and via media channels is the subject of an extensive study undertaken by Flinders University law academics, and an article recently published in the Adelaide Law Review.

Emeritus Professor Kathy Mack, Matthew Flinders Distinguished Professor Sharyn Roach Anleu and Mr Jordan Tutton undertook a detailed survey and interviews over several years with magistrates and judges throughout Australia.

This investigation found that while judicial officers accept that criticism of court processes and particular decisions is appropriate in a robust democracy, they are concerned with aggressively negative and sometimes ill-informed views regarding the courts and judicial work.

They also highlighted significant incidents of distress experienced from harsh and unwarranted attacks on individual judicial officers.

While some judicial officers believe negative views are increasing in scope and intensity, possibly linked to growing use of social media and reduced reliance on traditional media, there is also broad recognition that claims in the media may not accurately reflect wider public views or attitudes.

The research finds that courts and judicial officers are adopting positive approaches to communicate with the public through various media. Court media officers provide decisions, summaries, sentencing remarks and general information directly to the public, in a bid to emphasise that more accurate information issued about the courts contributes positively to public confidence.

The article was written as part of the Judicial Research Project at Flinders University, Adelaide, supported by funding from Australian Research Council grants.

 

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