Temperament as a Criterion for Judicial Performance Evaluation

Abstract

This article proposes six measures of judicial temperament that maybe used in an Australian pilot program for judicial performanceevaluation. The measures are evaluated by a national survey of barristers' temperament ratings of Supreme and Federal Court judges.Barristers who responded to the survey thought that the proposedmeasures of judicial temperament were very important measures of judicial performance. The measures have a high degree of internal consistency. The article also examines aspects of judicial temperament as a measure of judicial performance. These aspects include: identifying potential measures of judicial temperament; whether judicial temperament differs between trial and appellate judges; whether judicial gender affects temperament; whether judicial temperament deteriorates with age or experience; whether older judges treat junior barristers differently.