Are Male or Female Judges More Reflective of the Community They Serve? Some Australian Data

This paper contributes to the growing body of literature considering gender and cultural diversity in the judiciary. It presents an overview of part 2 of a broader project examining the demographics and social experiences, including gender and cultural dimensions, of the Australian judiciary. Part 1 of the project examined demographic and social experience differences between male and female judges. This paper, concerned with part 2 of the project, examines demographic and social experience differences between male judges and the general male population and demographic and social experience differences between female judges and the general female population. The data presented in this paper allows for an answer to the question: are male or female judges more reflective of the community they serve? The focus of the paper is on the social experiences of judges rather than their age or race or other such characteristics. The paper examines the social experiences of male and female judges and how those experiences compare with the social experiences of men and women in the general population. How much unpaid domestic work do male and females judge do and how does this compare with ordinary men and women? How do male and female judges travel to work and how does this compare with ordinary men and women? Do male and female judges engage in voluntary community work and how does this compare with ordinary men and women? Do male and female judges have internet access at home and how does this compare with ordinary men and women? By using data collected a four points in time over 15 years, this paper also explores how the answers to these questions have changed over time. Have any changes over time in demographic and social experience differences between male judges and the general male population paralleled changes in demographic and social experience differences between female judges? Do any changes over time correlate with the adoption of more diversity-conscious judicial appointment processes?