MoJ evidence reveals solicitors dominate applications but far fewer secure judicial roles.
New evidence submitted by the Ministry of Justice (MoJ) has highlighted a continuing gap between the success rates of solicitors and barristers in judicial selection exercises. The information emerged as part of the department’s submission to the Senior Salaries Review Body during its review of the judicial pay structure.
According to the evidence, solicitors made up the majority of applicants for judicial posts in the 2024/25 selection exercises. However, their success rate remained significantly lower than that of barristers.
More than half of all applications for legal judicial roles during the period came from solicitors, accounting for 56% of candidates. Despite this, solicitors represented only 37% of those recommended for appointment.
The data also shows a longer-term shift in the composition of the judiciary. Since 2017, the proportion of judges who are not barristers has declined. Non-barristers previously accounted for 45% of judges across courts and tribunals but now represent 40%.
The MoJ states that several barriers continue to affect access to judicial office for employed barristers and solicitors. One challenge highlighted in the evidence is the reluctance of some employers to release staff to undertake fee-paid judicial roles.
This issue carries broader implications for diversity in the judiciary. The MoJ notes that employed barristers and solicitors typically represent a more diverse section of the legal profession than those at the self-employed Bar. Restrictions on their ability to participate in judicial work may therefore affect efforts to broaden representation within the judiciary.
In response, the department said it is examining policy options aimed at increasing the proportion of judges who do not come from a barrister background. These efforts form part of the priorities set out by the Judicial Diversity Forum, which seeks to widen access to judicial careers across the legal profession.
Alongside the disparity in selection outcomes, the MoJ’s evidence highlights ongoing recruitment pressures within parts of the judiciary. The department reported persistent shortfalls in several judicial roles, particularly on the District Bench and within certain regions.
Judicial recruitment remains extensive, with the system seeking around 1,000 judges and tribunal members each year through high-volume recruitment exercises.
While recruitment has not presented difficulties at every level, shortages remain in several specific posts. The MoJ noted that district judges serving in county and magistrates’ courts, along with employment judges and first-tier tribunal judges, have experienced recurring shortfalls in filling vacancies since 2019.
These shortages appear particularly concentrated in some areas of England. The MoJ reported that gaps in district judge (county court) positions are persistent in London and the South East.
The same region has also seen recruitment difficulties for circuit judges dealing with criminal cases.
According to the department, several factors may contribute to these regional gaps. The MoJ stated that higher salaries within the legal sector combined with higher living costs in London and the South East may discourage potential candidates from applying for judicial posts.
Recruitment challenges are not limited to southern England. The North-East of England has also proved difficult for recruitment, with the MoJ describing the area as consistently harder to staff than other regions.
Within that region, the Humber and South Yorkshire cluster has been identified as a particularly challenging area for recruiting, deploying and retaining judicial resources.
Further differences have also emerged in Wales. The evidence indicates that North Wales has experienced shortfalls in fee-paid judicial resources, while West and South Wales have not faced the same level of shortages.
To address recruitment pressures, the MoJ said it has begun trialling recruitment exercises focused on specific regions or chambers where shortages are most acute. Some of these initiatives are still underway, but early indications suggest that the targeted approach may help increase capacity where it is most needed.
However, the department stated that the ongoing review of judicial pay does not need to prioritise recruitment issues for the most senior levels of the judiciary. According to the evidence, all vacancy requests for leadership and senior roles in the High Court and above were met in the past year.
As a result, the MoJ said that recruitment of High Court judges is no longer considered a concern.
The department also provided financial context in its submission. In 2024/25, total judicial remuneration reached £778 million, covering both salaried judges and those serving in fee-paid roles.
The evidence forms part of the broader review being conducted by the Senior Salaries Review Body into the structure and sustainability of judicial pay.