Edward Murray - Recorder (crime)

Edward Murray was appointed as a Recorder (crime) in October 2009 and sits in the South East. He is a solicitor, working as a partner in the Derivatives and Structured Finance group in Allen & Overy.

Recorders (crime) sit in Crown Courts. Their jurisdiction is broadly similar to that of a Circuit Judge, but they will generally handle less complex or serious matters coming before the court.

"I do sometimes wonder when I address a jury for the first time whether they think they are in an American TV show!

"I was born and raised in the US, but went to Ireland for university to read philosophy at Trinity College Dublin. Afterwards I went back to the States, to Harvard Law School, then joined a US law firm in New York, looking to move to the firm's London office at the earliest opportunity.  It came after two years.  But, after practising for a further two years in London, I decided that, if I was going to stay in London long-term, I should play for the "home team".  So I joined A&O in 1990, re-qualified as a solicitor in 1992 and not long after naturalised as a UK citizen.

"Although I went down the financial law path, I have always been interested in litigation and occasionally regretted not having become an advocate.  My real regret, though, was having, I thought, foreclosed the possibility of becoming a judge.

"In 2008 I went along to a Judicial Appointments Commission (JAC) seminar hosted by A&O. That was the first time I heard someone say that you do not need to be a litigator to do a judicial role. A month later, I went to another JAC seminar, this time at the Law Society, featuring Alexandra Marks, who is a commercial property partner at Linklaters and also a Recorder. I found her remarks and her example inspiring.

"I told my firm at a regular personal development meeting that I was interested in getting a fee-paid judicial position. They were very supportive, and I do not expect every firm would be.

"One of the partners - David Mackie QC - had been appointed as an Assistant Recorder in 1988, became a Recorder, then a Deputy High Court Judge and a full-time Mercantile Circuit Judge in 2005. He has for some time been the Chief Mercantile Judge, and he sits effectively full-time in the Commercial Court. It was David who encouraged me to apply for a Recorder (crime) role and I was surprised to find out later that 40 per cent of my judicial intake had a civil background.

"When I decided to go for it, I did some serious reading. Alexandra Marks suggested the Bar Professional Training Course book "Criminal Litigation and Sentencing", which I read cover to cover. I followed that quickly with a few other books on evidence, criminal procedure and sentencing and, of course, I have carried on reading ever since. One of the burdens (and blessings!) of the judicial role is the amount of reading necessary, not only to get on top of all of the core competences, but also to keep up-to-date as new cases and statutory materials appear each week in the criminal sphere. The Judicial College, formerly the Judicial Studies Board, is a tremendous source of helpful materials.

"David Mackie let me shadow him in the Commercial Court. I applied for the official work shadowing scheme and was fortunate enough to get three days in Kingston Crown Court, and additionally sat in the public gallery in Inner London and Southwark Crown courts. I did not think I had done that well in the role play on the selection day, so was relieved at my appointment. What made a huge difference for me was the shadowing. I think that having some degree of court sense is helpful for the qualifying test too.

"To take up the appointment, I reached an agreement with my firm to adjust my role. I felt this would take some pressure off me, and allow me to feel completely comfortable in taking the full six sitting weeks each year. Being a partner, you do have more authority and autonomy in a firm.  An associate may find it more difficult to get this sort of flexibility, particularly because they are less able to control their diaries. But I believe that my firm would want to cut a deal with an aspiring fee-paid judicial officeholder, to keep the associate in the firm and motivated. It is also good for the prestige of the firm and for recruitment if we are seen to be open to our lawyers seeking judicial appointment.

"In some ways I feel that not being an advocate is a disadvantage both for the application process and, at least initially, for carrying out the role. The JAC is right to encourage non-advocates like me, but people should be aware that, if you come from a non-contentious background, you will have an additional challenge. This is all the more so if your everyday practice is on the civil side and you are going for a criminal law judicial role.  Good preparation, of course, is essential whatever your background.

"Even now, at the beginning of each day sitting as a judge, I have a few butterflies in the stomach. It is a good thing because it keeps me on my toes. Sometimes at the end of the day I think 'why did I want to do this?', but most days are very satisfying and I think 'interesting problems have arisen and been solved, and justice has been done'."