Performing Judicial Authority in the Lower Courts, and the research that underpins
it, results from a confluence of several factors over many years. There
had been some valuable empirical research on magistrates in Australia, but
it was limited to particular issues, or jurisdictions (see for example Douglas
and Laster 1992), and some discussions on the history and legislative
underpinnings of the contemporary magistracy (Briese 1987; Castles 1982;
Golder 1991; Lowndes 2000a, 2000b). Up to that point there had not been
a comprehensive nationwide broad inquiry into the views, experiences and
working lives of the judiciary in the lower courts in Australia.
This research began in 2000 as the Magistrates Research Project, with
multi-year financial and practical commitment from the Association
of
Australian Magistrates (AAM), which was interested in supporting research
into the magistracy in Australia, as distinct from the higher judiciary.
With additional support from the Australasian Institute of Judicial
Administration
(AIJA) and Flinders University, we began exploring the
issues and challenges
facing the contemporary Australian magistracy. We
sought and gained support from the Chief Magistrates of every state and
territory, and their courts and courts administration, for more extensive
research into the lower courts of Australia. We are most grateful to Dr.
Andrew Cannon AM, Deputy Chief Magistrate, Magistrates Court of South
Australia, for his assistance with this phase of the research.