Legal Liability as a Criterion for Judicial Performance Evaluation

In Australia the debate concerning legal ability has been focussed onjudicial appointment not performance evaluation of those in office.Despite this limitation the points raised concerning appointment aredirectly relevant to performance evaluation. Judges control the courtroom. Judges interpret, apply rules of evidence and procedure and directly and indirectly affect the way in which barristers present their cases. Chief Justice de Jersey, of the Supreme Courtof Queensland, argues, they must have "high intellect and legal learning", the "capacity to analyse and articulate facts and legal propositions clearly", and "experience in and knowledge of the way litigation is conducted." This may be classified as judicial competence.