A landmark for justice: the inaugural International Day for Judicial Wellbeing

This inaugural observance is a powerful testament to a growing global awareness, aiming to shine a much-needed spotlight on the often-overlooked mental, physical, and emotional health of judicial officers, recognising its fundamental link to the integrity and effectiveness of the rule of law.

Unveiling a hidden crisis in the courts

The demanding nature of judicial work has long been silently endured, with the personal toll on judges rarely openly discussed. A global survey conducted by the Global Judicial Integrity Network in 2021 found that 69 per cent of respondents felt that discussing mental health or stress remained a taboo topic for judges, 83 per cent believed the level of support available within their judiciary was insufficient, and a staggering 89 per cent knew judicial colleagues who had experienced stress, sadness, or anxiety.

These compelling figures paint a picture of a profession vital to democratic societies grappling with significant yet largely unaddressed wellbeing issues. The consequences of this silence are profound, with potential impacts on judicial impartiality, efficiency, and, ultimately, public trust in the justice system.

Justice Rangajeeva Wimalasena, a key figure in the judicial wellbeing initiative and President of the Court of Appeal in Nauru, highlighted the increasing and complex challenges judges face today. He noted that unlike in the past, judges must contend with rapid technological advancements, social media, artificial intelligence, and a range of socio-economic, political, and environmental issues, all while maintaining their independence and composure.

“[T]he toll this takes on them is rarely discussed in many parts of the world,” Justice Wimalasena said.

From Nauru to the United Nations

The journey to this landmark day began last year, on 25 July 2024, with the adoption of the Nauru Declaration on Judicial Well-being at the Regional Judicial Conference on Integrity and Judicial Well-being. This pivotal declaration, developed by nearly 20 judicial leaders and global experts, established a set of core principles to raise awareness, acknowledge, and actively address judicial wellbeing.

Building on this momentum, the Republic of Nauru, with the significant co-sponsorship of 70 countries, including Australia, submitted a historic resolution to the United Nations General Assembly. On 4 March 2025, the UN General Assembly formally voted to make 25 July each year the International Day for Judicial Wellbeing – marking the date the Nauru Declaration was adopted. This unprecedented global consensus highlights a collective commitment to destigmatising judicial stress and fostering a culture of support within the judiciary.

Justice Wimalasena has been a decade-long advocate for judicial wellbeing, noting that it was initially a taboo subject due to fears it could harm public perception or individual judges’ reputations. He stressed that the Nauru Declaration on Judicial Well-being was created to universally address these concerns, as judicial wellbeing is a “universal concern” that transcends different legal systems.

Acknowledging the burden

In 1995, The Honourable Justice Michael Kirby powerfully articulated a long-standing unspoken truth in his article, Judicial Stress: An Unmentionable Topic. He wrote, “Judging can be a stressful business, yet stress is a subject which neither judge nor advocate is supposed to admit, still less write about.” He attributed this silence to the “cultural inhibitions inherited from the English tradition of the bench and bar,” suggesting that Australia’s “phlegmatic self-image” might even reinforce this inherited stoicism.

While historically this “cultural inhibition” has prevented open discussion, the tide is now turning. Judicial officers are increasingly vocal about the immense pressures they face from immense caseloads and intense public scrutiny to exposure to traumatic material and professional isolation.

Justice Wimalasena emphasised that “Judicial wellbeing is not just about individual resilience, it is about safeguarding the independence, integrity, and effectiveness of judicial systems worldwide.” Establishing this international day is crucial in normalising conversations around judicial mental health and encouraging proactive support.

While some research suggests that judicial officers, despite high stress, may experience relatively lower rates of severe mental health issues compared to other legal professionals, the pervasive nature of burnout, secondary trauma, and psychological distress remains a serious concern. The fact that a significant majority of judges report knowing colleagues experiencing stress highlights the critical need for systemic change rather than placing the sole burden of wellbeing on individuals.

Jennifer Ball, President of the Law Society of NSW, emphasised the broader legal community’s role: “Solicitors’ duties to the Court and to our clients compel our active support of an effective justice system. One element of this is the promotion of a healthy judiciary, partnering, where we can, with all tiers of our profession in prioritising legal professional well-being.”

She also offered encouragement to aspiring judicial officers. “Very nearly all judicial officers start their legal careers as solicitors. I encourage solicitors who nurture an ambition to serve as a judge or magistrate to invest in their well-being, to establish healthy practices that will endure through all career stages,” Ball said. She further highlighted the existing strain on the bench, noting that “…those who’ve risen to the bench must deal not only with the confronting details of cases before them, but also with high caseloads. Chief Justice of NSW Andrew Bell told the Opening of Law Dinner in 2024 that NSW’s judicial officers were “overstretched, both in terms of numbers and resourcing” and that “the pool of their undoubted goodwill and physical and emotional capacity is not infinitely deep.”

“I’m encouraged by the International Community’s embrace of the importance of judicial well-being through the establishment of this International Day,” Ball concluded, reflecting a sentiment of hope and commitment across the global legal landscape.

Chief Justice Andrew Bell reiterated the critical impact of judicial well-being on the integrity and effectiveness of our justice system, highlighting that the well-being of judicial officers is “essential for the administration of justice and must be recognised and supported.” Their role carries “peculiarly onerous responsibilities,” with decisions profoundly affecting individuals’ liberty, property, and personal well-being and extending to families, victims, and society. This immense burden, combined with the often solitary nature of the work and constant public scrutiny, creates unique and intense pressures on those who serve on the bench.

Bell shared statistics of the relentless workload faced by judges and magistrates in New South Wales. With thousands of matters filed annually in various courts, including a significant proportion related to domestic, family, and personal violence, judicial officers are consistently stretched to capacity.

“[T]his is not personally or institutionally sustainable,” Bell highlighted, “These figures speak powerfully to the immense volume of work undertaken by the State’s judiciary and the diligence of the judicial officers who comprise it. Their work is unrelenting, and they are stretched to capacity. Burnout is an ever-present risk.”

This overwhelming volume, coupled with the emotionally taxing nature of cases that routinely expose them to confronting circumstances and societal dysfunction, presents an ever-present risk of burnout and vicarious trauma. The tragic passing of judicial officers by suicide, as well as a host of premature judicial retirements prompted by stress and burnout in recent years, serves as a grim reminder that judicial well-being is not merely a theoretical concern, but a confronting real issue with severe consequences for both the individuals and the broader justice system.

“Stress is most pernicious when it goes untreated and develops into distress or depression, and the implications of these conditions for good and competent judicial decision making are obvious,” Chief Justice Bell said.

While he acknowledges that judicial well-being resources are available, he asserts that government support is essential. Chief Justice Bell identifies the “single greatest source of stress” as the sheer volume of work and calls for proper resourcing regarding judicial officer numbers, adequate facilities, and security.

“The judiciary must be recognised as providing the community with an essential service, and its work must be valued, respected and appropriately funded in that context,” Chief Justice Bell said.