The professionalization of Australian magistrates

Abstract

Over the past 20 years or so, magistrates courts in Australia have undergone significant change, in particular, separation from the public service and credentialization, indicating greater professionalization. One important reason for separating the magistracy from the public service was to establish magistrates' independence as judicial officers, a distinctive form of professional autonomy. Drawing on a national study of magistrates and their courts, this article investigates the impact of separation from the public service and credentialization on magistrates' occupational location, and considers other dimensions of professionalization, specifically occupational status and prestige. While the professionalization of magistrates has increased, it can also be seen as incomplete. Some magistrates are dissatisfied with their autonomy, especially in relation to workload, and there is some dissatisfaction with their perceptions of the prestige and standing of their judicial office, especially in comparison with judges in the higher courts.