Survey reveals 59 per cent of barristers have been bullied in court by judges

The discovery of widespread bullying of barristers by Victoria’s judges has prompted the Chief Justice to issue a stern warning.

The discovery of widespread bullying by Victoria’s judges has prompted Chief Justice Anne Ferguson to warn fellow judges that bullying, discrimination and harassment “will not be tolerated in our courts”.

Her warning comes soon after a survey of Victorian barristers found 59 per cent had been bullied in court by judges who have engaged in conduct that included shouting at them from the bench and subjecting them to abuse and denigration.

Chief Justice Ferguson said all workplaces should be safe and respectful and the courts were no different.

“Robust and vigorous legal debate is common in the courtroom but judges across all jurisdictions must always be mindful to treat people with respect and dignity,” she said.

Her statement was issued on behalf of the Courts Council, which includes the heads of the state courts and the Victorian Civil and Administrative Tribunal.

The same survey that identified the extent of judicial bullying also found a disproportionate level of bullying, discrimination, and sexual harassment against women barristers.

The survey, by the Victorian Bar, was based on responses from 854 barristers and revealed that 36 per cent of women had experienced discrimination, 37 per cent of women had experienced workplace bullying and 16 per cent of women had been sexually harassed.

Matt Collins, who is president of the Victorian Bar, said specific incidents of judicial bullying that had been cited by barristers included denigration, abuse, shouting and other forms of conduct that “would be unacceptable in any workplace”.

“Both the courts and the Bar recognise that. It is unacceptable in this workplace as well,” he said.

The Law Institute of Victoria, which represents the solicitors’ branch of the legal profession, said any form of harassment could not be tolerated.

“There is no place for bullying and harassment in any workplace and the legal profession must take more steps to stop this behaviour,” said LIV president Belinda Wilson.

A similar survey last year in NSW found that judicial bullying in that state was even more widespread. Of the 947 barristers who responded to the NSW survey, 66 per cent said they had been bullied by judges.

In NSW this had taken the form of belittling, patronising or humiliating comments in the presence of fellow lawyers and a jury, repeated intimidation and interruptions, angry outbursts, yelling, unreasonable deadlines and gender-based slurs, according to Bar Association president Arthur Moses SC.

Dr Collins said the difference between the two jurisdictions was that the Victorian Bar, in conjunction with the state judiciary, had put in place a comprehensive strategy for dealing with the problem.

Chief Justice Ferguson had “championed” work on a protocol that encouraged candid discussions between the president of the Bar and the head of each court whenever incidents of bullying were identified, he said.

This was aimed at dealing informally with concerns about bullying judges instead of lodging a formal complaint. This would help address what Dr Collins said was significant under-reporting of judicial bullying.

When complete, that protocol would be made public.

Chief Justice Ferguson has also invited New Zealand Chief Justice Dame Sian Elias to deliver a talk at the Judicial College of Victoria on how New Zealand had dealt with similar findings of judicial bullying.

Chief Justice Ferguson said the state’s judicial officers had been invited to attend a program at the Judicial College “to learn more about bullying, judicial conduct and advanced court leadership”.

“My aim is to ensure that we maintain the qualities and standards expected of all Victorian judicial officers,” she said.

“In doing this, I look forward to using the results from the survey and liaising closely with the Victorian Bar,” Chief Justice Ferguson said.