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Judgeitis

This is something as a lawyer that you may have to cope with from time to time. This is a disease which affects some people when they are appointed as a Judge. There are varying degrees of severity.

Most are never touched by it. Some have a mild form. Occasionally there is a full-scale rampant outbreak with the odd individual.

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The symptoms

Judgeitis is how lawyers refer to a judge having a grossly inflated sense of his own self-importance and showing it by an inclination to risible and all too visible pomposity. As a general rule, (although since the ailment is infrequent one might argue that the samples are too small to admit of precise statistical analysis) the less important the judicial office held, the more likely that Judgeitis will occur. Even then however, mercifully it is comparatively rare.

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Pretensions

The phenomenon might be compared to the way that upper-class people treat those who might be said by some to come from less elevated social origins. (I am definitely a less elevated social origins person). This was something which hit the news recently with the suggestions that upper-class friends of Prince William were dismissive of Kate Middleton, allegedly saying "doors to manual" when she arrived in reference to her mother having been an air stewardess.

I found this impossible to believe. I always found genuine "upper class" people never made any one feel ill at ease through not being from the same background. The people who tried to were people who were not upper-class at all but had pretensions to be.

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Self importance

In the same way, although most Judges at whatever level never suffer from Judgeitis, those who do are more likely to be at a lower level precisely because the cause of the assumed self-importance is presumably that they think that they ought to have been given an even higher post.

Last week I gave the illustration of the polite and helpful Lord Denning, at the top of the judicial tree. Also an indication of the principle that truly brilliant legal minds never suffer from Judgeitis. It is perhaps those who apparently believe themselves to be brilliant, although deep down they must know that they are not, who share the unfortunate tendency.

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Poultice

One of the more alarming aspects is that sometimes Judges who in real life are the most pleasant of people, and who were really popular when they were at the Bar, suddenly display all of their worst qualities when appointed. I said of one such Judge once that his judicial robe seem to act like a poultice, which drew all the poison out of his body and brought it to the surface.

One aspect of Judgeitis consists of the Judge giving the impression that every piece of litigation is wasting his valuable time. Advocates in such a situation must firmly resist the temptation to point out to the Judge that that is what he is paid for, and that as a public servant is effectively working for the clients on both sides in front of him.

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Equal misery

Judgeitis mercifully does not stop the Judge reaching the right decisions. It just makes the process the more painful for all concerned. At least it inflicts its misery on both sides equally. As an advocate you have to remember you cannot cure the Judge of Judgeitis, but have to grin and bear it. Since when it occurs it is usually a passing phase shortly after appointment, you can at least console yourself that there is every chance that future appearances in front of the same Judge will be free of the taint.

Michael J. Booth QC