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Work, Employment & Society
judiciary sagepub.co.uk/journalsPermissions.nav
DOI: 10.1 177/09500170135001 I I
wes.sagepub.com
(DSAGE
Sharyn Roach Anleu
Flinders University,Australia
Kathy Mack
Flinders University,Australia
Abstract
This article examines job satisfaction among judicial officers in Australia. Increasing numb
women have entered the judiciary and their job satisfaction is a key route to understandin
experiences of this elite role. This paper applies concepts of job satisfaction to the judic
investigates gender differences. Data from two national surveys demonstrate that wom
men across the Australian judiciary express very high levels of overall job satisfaction,
areas of dissatisfaction exist, in particular regarding work-life balance. Gender difference
appear to be direct, but mediated by other characteristics which are gender-related. B
these findings demonstrate that a full understanding of job satisfaction now requires atte
family/domestic demands and commitments and the workplace context, as well as to the i
nature of the work and the extrinsic characteristics of the job.
Keywords
gender, job satisfaction, judiciary, work-life balance
Introduction
Job satisfaction is a valuable avenue for investigating women's and men's experien
their occupations and workplaces (Brown et al., 2012; Firebaugh and Harley,
Kalleberg, 1977). It may affect recruitment, performance, morale, employee well-
stress and retention (Maslach et al., 2001; Zapf et al., 2001). More importantly, jo
isfaction (or dissatisfaction) can pinpoint gender and other inequalities or discrim
in occupations (Dinovitzer and Garth, 2007; Hull, 1999). Such disparities can be m
by the apparent gender equality shown by increasing proportions of women ent
Corresponding author:
Sharyn Roach Anleu, School of Social and Policy Studies, Flinders University, GPO Box 2100, Adelaide,
5001, Australia.
Email: judicial.research@flinders.edu.au
The judiciary
Australia is a federal system, with national courts and a sepa
the six states and two territories. There are approximately
Commonwealth courts, 400 state and territory judges and 4
1000 judicial officers, organized into over 25 different cou
'judiciary' and 'judicial officer' refer to all members of th
terms 'magistrate' and 'judge' distinguish members of the
first instance or lower courts (magistrates) from those wh
(judges). Unlike the lay magistrates in England and Wales,
paid judicial officers, typically full-time, with legal qualifi
legally mandated retirement age, ranging from 65 to 72 y
2008).
In Australia, magistrates and judges are appointed from the legal profession.
Magistrates usually come from the ranks of solicitors, while judges more often come
from the Bar. Appointment to the bench is usually seen as the pinnacle of a legal career.
Magistrates have become professionalized as independent judicial officers over the past
50 years, fully separate from previous public service structures. Nonetheless, differences
in salary, superannuation, leave entitlements, mandatory retirement ages, and removal
provisions still exist between magistrates and judges and vary by state, territory or
Commonwealth jurisdiction (Mack and Roach Anleu, 2006). In general, independent
remuneration tribunals set judicial officers' salaries. Typically, magistrates' salaries are
Job satisfaction
An important measure of women's and men's experiences, orientation and commitment
to their paid work is job satisfaction. Two enduring findings are that most people express
The research
The findings presented here derive from two nationwide mail surveys of the Aust
judiciary using a questionnaire developed, pilot-tested and administered by
authors. One survey was directed towards judges in the higher courts, another to
trates presiding in the lower courts. Rather than selecting a random sample, a s
questionnaire was mailed to every judge and magistrate.
The National Survey of Australian Judges was sent to all 566 judges througho
Australia in March 2007 with a response rate of 55 per cent. Strategies to in
response rates included personally addressed correspondence, provision of full inf
tion about the purposes and nature of the questionnaire and how the findings wo
used, expressions of support from key individuals such as the head of the relevant
and professional organizations, and the inclusion of a pre-paid, addressed return
lope. To guarantee anonymity no tracking mechanism was used; the authors do not
the identity of the judicial officers who returned the surveys, or who declined. T
low-up letters to all judges who had been sent a survey expressed thanks for thos
had returned the survey and reminded others of the value of its completion and r
The judges who responded are generally representative of the judges as a whole, in
of gender, time on the bench and level of court. In particular, women comprise 2
cent of respondents to the judicial survey; at the time women constituted 24 per c
judges. (Representativeness in terms of age cannot be calculated fully, as complete
of birth data for judges is not available. The only means to obtain information on
of birth are incomplete publicly available sources such as Who's Who in Australia.
Percentage 71 % 29%
Magistrates
Number 161 81
Time on bench (
0-5 29% 39%
6-13 33% 43%
14+ 38% 18%
Marital statusc**
(Continued)
Table I. (Continued)
Family interfere
Always I % 2%
Often 6% 8%
Sometimes 41% 53%
Hardly ever 43% 30%
Never 9% 7%
Attendance at
Yes 95% 98%
No 5% 2%
Notes: tPerce
lower than t
adding up to
Sig. (2-sided
Pearson Chi-
Job satisf
The surve
items tap
their level
my life'. T
gree and s
responden
excerpts u
Findings
Judicial officers in Australia - men and women, magistrates and judges - express very
high levels of work satisfaction. There is little variation. Nine in ten (92%) judicial
officers are satisfied, including very satisfied with their overall work (88% women
and 94% men). These proportions are very similar to findings for Australians in gen
eral (FaHCSIA, 2011). Four in five men (82%) and women (79%) judicial officers
agree (including strongly agree) that 'My work is a major source of satisfaction in my
life'. Similar proportions agree that 'My daily work is varied and interesting' and
'Work has lived up to my expectations'. Even with the benefit of hindsight, most
(86% of men and 83% of women) would definitely become a judge or magistrate
again.
Several open-ended survey comments illustrate these relatively high levels of overall
satisfaction with judicial work. A female judge states:
I like the change from barrister to judge and find being a judge rewarding and satisfying. It is
still new, and I look forward to getting more experience and doing it better, and more easily. I
have a long way to go before retirement and see this as providing both challenge and satisfaction
for many years to come.
A male magistrate highlights engagement with people as important for job satisfaction:
I like my work. It satisfies my interest in people and assisting the community. I enjoy discovering
where people are at and crafting my communications and orders to meet their situation. I made
the right career decision for my temprement [sic] and character and skills. It has proven to be a
satisfying way of using my communication and legal skills.
As Rose (2005) cautions, such high levels of job satisfaction may be influenced more by
the intrinsic nature of judicial work than by other, especially extrinsic, characteristics of
the job. The principal components analysis (described above) confirms this. Component
1 (Intrinsic) contributes 22 per cent to the total variance (64%) while Component 2
(Extrinsic) contributes only 11 per cent. The contributions of work-life balance (16%)
and workplace-organizational context are very similar (15%). Table 2 confirms this as
five indicators load onto Component 1, which has the highest average loading, while the
three variables loading onto Component 2 have the lowest average, with Components 3
and 4 in the middle.
Notes: t Extra
Rotation Meth
than .40 supp
To investig
component
fied in Tab
of the mod
the largest
has ap-valu
final parsim
One impor
direct effe
judges and
most succe
4: Work-lif
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Time on th
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IntriscqualitesExtrinscqualitesWorkplacec x balnce (CompnetI)P(Compnet2)ß(Compnet3)ß(Compnet4)ß -.256* .197* -.501*** .204
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I am content to remain a judge but believe that a change injudicial position from time to time
is attractive to avoid staleness or possibly boredom with repetitive work. A change in jurisdiction
[e.g. from civil to criminal law] or work type [e.g. from trials to appeals] from time to time is
desirable if possible.
Infrequently working outside regular hours and a perception that the job often interferes
with family also predict less satisfaction with intrinsic qualities of work. These qualities
may also indicate some level of disengagement with the nature of the work as a judicial
officer.
Being on the bench for 6-13 years, working outside regular hours at least a few times
per week and reporting some increase and some decrease in judicial functions are posi
tively related to greater satisfaction with extrinsic qualities of work (the standardized
scores increase by 0.20 and 0.46 respectively). This could indicate an assessment that the
compensation and benefits appropriately reflect the work demands and input.
There is a significant relationship between judicial officer type and workplace
organizational context: magistrates are less satisfied than judges with this dimension
of their work. In comparison with judges, magistrates courts tend to have less clerical
or administrative support for their daily work, face legal practitioners who are less
well-prepared or experienced, and undertake very large numbers of cases (Mack and
Roach Anleu, 2007). Although women have been appointed across the court structure,
the largest proportions of female judicial officers are in the magistrates courts and
they will experience these workplace conditions more frequently than those in the
higher courts.
Judicial officers who report increases in judicial functions are less satisfied with
workplace context. Larger proportions of these judicial officers are magistrates. This
may signal insufficient resources to cope adequately with the growth in work.
While control over the amount or manner of work did not load onto any of the com
ponents, they are key aspects of professional workplace organization. Over one-third
of female judicial officers (36%) are dissatisfied with control over the amount of work
compared with just over one in five of their male colleagues (23%). A quarter of the
women (26%) are dissatisfied with control over the manner of work, in contrast to only
one in 10 (11%) of the men. These findings might suggest that autonomy at work is
experienced differently by at least some women judicial officers, especially women
magistrates. Control over amount or manner of work affects capacity to demarcate
work and non-work time, which may also relate to gendered experiences of work-life
balance.
The present study finds that women and men in the judiciary, like most peopl
occupations, are very satisfied with their work. Overall, few direct gender diffe
found. This finding is not particularly unexpected, as the usual markers of gen
inequality - differences in pay, authority, responsibilities and opportunities fo
enhancement - are not present in the judiciary. To some extent, this reinfor
research that identifies occupational settings where gender differences are le
(Ridgeway, 2009).
However, it is not correct to conclude that the experiences of men and wom
judiciary, including their job satisfaction, are identical and not gendered. Some
that affect satisfaction with aspects of work are indirectly gender-related. Longer
the bench seems to reduce satisfaction with intrinsic qualities of work, perhap
ing some routinization of work. As women are more recent appointees, they
likely to experience such routinization and so are more satisfied with intrinsic
of work. Magistrates are less satisfied than judges with their workplace-orga
context. As larger proportions of magistrates are women, it follows that women
may experience less satisfaction with this component than men.
Acknowledgement
We are grateful to Russell Brewer, Carolyn Corkindale, Colleen deLaine, Elizabeth Edwards, Ruth
Harris, Katrina Hartman, Julie Henderson, John Horrocks, Lilian Jacobs, Leigh Kennedy, Lisa
Kennedy, Mary McKenna, Rose Polkinghorne, Wendy Reimens, Mavis Sansom, Chia-Lung Tai,
Jordan Tutton, Carla Welsh, Rae Wood and David Wootton for research and administrative assis
tance over the course of the Project. All phases of this research involving human subjects have
been approved by the Social and Behavioural Research Ethics Committee of Flinders University.
We appreciate the helpful comments from Mary Holmes and Carroll Seron.
Funding
This research was initially funded by a University-Industry Research Collaborative Grant in 2001
with Flinders University and the Association of Australian Magistrates (AAM) as the partners and
also received financial support from the Australasian Institute of Judicial Administration (AIJA).
From 2002 until 2005 it was funded by an Australian Research Council (ARC) Linkage Project
Grant (LP210306) with AAM and all Chief Magistrates and their courts as industry partners with
support from Flinders University as the host institution. From 2006 the research was funded by an
ARC Discovery Project Grant (DP 0665198) and from 2010 it is funded by ARC DP1096888.
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Sharyn Roach Anleu, BA, MA Tas, LI B Adel, PhD Conn is Matthew Flinders Distinguis
Professor of Sociology at Flinders University, Adelaide and a Fellow of the Australian Academy
the Social Sciences in Australia. With Kathy Mack, she is currently engaged in socio-legal rese
into the Australian Judiciary and their courts. She has contributed to the Masters Programme at t
International Institute for the Sociology of Law, Onati, Spain. Contact: judicial.research@flind
edu.au, website: http://www.flinders.edu.au/law/judicialresearch/
Kathy Mack, BA Rice, JD Stanford, LLM Adel is Emerita Professor of Law, Flinders Law Scho
She is the author of a monograph, book chapters and articles on ADR, and articles on legal ed
tion and evidence. With Professor of Sociology Sharyn Roach Anleu, she has conducted empiri
research involving plea negotiations. Since 2000, they have been engaged in a major socio-l
study of the Australian judiciary. Contact: judicial.research@flinders.edu.au, website: http://ww
flinders.edu.au/law/judicialresearch/