Learning from the Chief Justice

Imagine this: after just 12 weeks of studying law you are in a class that includes some of Australia’s top judges, being taught by the highest ranked judge of the United States. And you’re asked the first question.

This is where I found myself after being invited to attend a week-long workshop by the Chief Justice of the United States, the Honourable John G Roberts, Jr. on the United States Supreme Court. I and other law students joined senior members of the judiciary, the legal profession and academia, for a rare and remarkable five day workshop that saw the Chief Justice outline significant Chief Justices of the past, and his Counselor, Mr Jeffrey Minear, outline the evolution of advocacy in the Court.

This workshop series was part of a joint initiative between Melbourne Law School and the Australian American Leadership Dialogue that brought the Chief Justice to Australia to foster learning and exchange between the two countries. As part of his visit, the Chief Justice also presented a series of public lectures in Melbourne, Sydney and Brisbane.

The experience of joining the Chief Justice’s workshop was a rare and remarkable opportunity for me as a law student. The sessions followed the Socratic method, where the Chief Justice addressed questions directly to participants. And, as with advocates appearing before the Supreme Court, ‘passing’ on a question was not permitted. The only escape route left was to literally ‘pass out’ – a path apparently taken by several overwhelmed advocates throughout the history of the Court.

Arriving for the first morning of the workshop series, I and the other students found ourselves joining senior members of the judiciary, legal profession and academia. If that wasn’t intimidating enough, I was seated between an Australian Chief Justice and a Solicitor-General. As a first year student in law, with little to no capacity to make idle conversation about interpreting the Fourth Amendment, I was terrified!

The workshop began with an overview of the US Supreme Court’s most influential judge, Chief Justice Marshall. He carved out a powerful role for the US judiciary and established foundational principles for Supreme Court practice. Interestingly, one Marshall court practice that didn’t catch on was a rule that wine could be drunk after dinner only if it was raining outside (though sunny skies didn’t always stop them – making good use of their nation-wide jurisdiction they often concluded it must be raining somewhere in the country).

With such a knowledgeable audience at his disposal, Chief Justice Roberts was curious to know how some of the long-standing Supreme Court practices in the US compared with those of the High Court of Australia. I had the pleasure of witnessing a dialogue in comparative judicial methodology as the Chief Justice engaged with senior members of the Australian judiciary. A few obvious differences emerged between the United States and Australia: our lack of a Bill of Rights and our High Court’s role of ensuring conformity of the law between states, for example. A few surprised even Chief Justice Roberts, such as Australian judges discussing cases prior to hearing oral argument – a practice completely prohibited in the US. No questions were asked from the lectern that day, and I breathed a sigh of relief.

But relief was to be short-lived. On the second day, the Chief Justice decided to get the students involved, and sitting in the front row I had nowhere to hide. In front of all these legal luminaries, I was asked to summarise one of the most significant eras in US legal history. I managed a fairly accurate, if basic sentence, but most importantly, I am pleased to report that I didn’t pass out.

As the workshops progressed students certainly found their feet. They felt free to raise their hands and ask questions, and conversation with judges became (almost) normal. The sessions provided plenty of material to discuss – plus, judges proved not as scary as first thought.

While the lines between students and judges were temporarily blurred, our experiences of the week would have been very different. For the judges this workshop series provided a chance to step back and look at the broader, centuries-old principles underpinning their role in society. For students, it was an invaluable opportunity to develop an understanding of US and Australian legal history, to learn from the highest ranked judge in the United States and gain rare insight into the judicial world. Being able to make close acquaintance with judges and other practitioners allowed me to see that students and judges indeed share the same passion and belief in the law.