The Extrajudicial Voice

Abstract

Judges communicate outside of the courtroom on a regular basis. They give speeches at universities and to societies; appear before select committees; write for a range of publications; and engage in both media and outreach activities. Existing literature has charted the value and perils of such extrajudicial communication. This paper contributes an explanation of what motivates judges towards such communication, and what shapes their discourse. The work draws on 13 semi-structured interviews with senior serving and recently retired judges, along with an extensive range of examples of judicial speech beyond the bench. It argues that extrajudicial communication is shaped by a shared conception amongst the judicial community of what is appropriate. This conception of propriety is principally motivated by a communal pursuit of sustaining public confidence in the judicial office. The conception also informs the limits of appropriate discourse and establishes the ramifications for breach.