Life as a District Court Judge

HER HONOUR JUDGE JULIE ANNE WAGER

Chief Judge of the District Court of Western Australia

I was sworn in as a judge of the District Court of Western Australia on 28 January 2005 and as the Chief Judge of the District Court of Western Australia on 2 May 2020. I graduated with a B Juris LLB in 1985. Law students from my year at UWA Law School were probably surprised by my appointment because when I was at UWA I had minimal interest in the law and devoted my student days enthusiastically to all things extracurricular. My focus changed when I commenced articles at Legal Aid WA and started to practice in criminal law, mainly in the Children’s Court in my restricted practice year. Most Legal Aid clients are not in a position to represent themselves. The responsibility of representing a person who is not able to speak on their own behalf is enormous. Acting for an accused person comes with responsibilities and challenges, however it was a task that I thoroughly enjoyed. While at Legal Aid WA, I appeared as counsel in jury trials, Magistrates Court trials, sentencing hearings and appeals. I left Legal Aid to set up my own practice as a sole practitioner at 524 Hay Street, Perth in 1991. The 524 Hay Street Chambers at that time were mainly occupied by criminal lawyers many of whom became fantastic mentors and great friends. In the 1990s Perth experienced a heroin epidemic. My client base started to offend more seriously because they were motivated by heroin misuse and tragically many of my clients died from heroin- related deaths. It was a harrowing time that led me to embrace the introduction of therapeutic courts that were solution-focussed and provided supports and boundaries for drug-using offenders. I wanted to be a part of a different approach to dealing with crime and I was excited to be appointed as the inaugural Drug Court magistrate in 2000. After four years as a magistrate, I was appointed as a judge of the District Court. District Court work is varied and complex but always interesting. The District Court deals with all criminal jury trials except for homicides and deals with complex criminal sentencing matters. Civil matters range from personal injury to commercial and contractual disputes. The District Court jurisdiction also includes appeals from District Court registrars and from Magistrates Court civil matters, criminal injuries compensation appeals and worker’s compensation appeals. The District Court sits in Perth and in 12 regional locations from Kununurra in the north down to Esperance in the south. As the intermediate court of record and Western Australia’s circuit court a District Court judge travels all over Western Australia. Every judge takes an oath or affirmation: To do right to all manner of people according to laws and usages of the State without fear or favour, affection or ill will. To stay true to their oath judges must not only know the law but must be independent, keep an open mind and not be judgmental and be able to communicate with the parties be they senior counsel or self- represented accused suffering impairment. A judge must enjoy being the “referee” and not want to descend into the “arena” with counsel and litigants. Most importantly a judge must be able to listen actively to all sides before making a decision. I do not believe that there is a clear career path to becoming a judge. If you enjoy the law, then I encourage you to take up every professional opportunity that comes your way. Be involved in the development of the law and take part in social and legal activities by volunteering for committees and providing assistance whenever the opportunity arises. Pro bono work is very enjoyable and personally rewarding. I encourage you to seek out mentors and to do your best to mentor and support others in the profession when you can.