This article explores the formation of sexuality in the institution of the judiciary. Its object of study is an archive made up of the texts of swearing in ceremonies of newly appointed judges of the Supreme Court of New South Wales, Australia. The texts, records of public events, demonstrate a remarkable consistency of general content and tone. They take the form of what might best be described as life writing (biography and autobiography). They have a strong hagiographic quality. Dedicated to writing the life of the newly appointed judge, they are a particular form of life writing devoted to the portrayal of state officials. As such they have a double function formulating and fashioning the subject not only as an exemplary individual life but also as a subject that embodies the virtues of the judicial institution. Each swearing-in document offers a textual portrait that makes and makes public the values and virtues of the institution of the judge. An important context for this study is an earlier empirical research project on sexual diversity in the judiciary. Key informants in that research advised me that sexuality was unlike the other strands of diversity. It was described as a personal and a private matter: strictly extra judicial. The primary objective of this essay is to explore how, if at all, sexuality is made in these public judicial ceremonies and texts, and more specifically, how the subject’s sexuality is figured as an institutional ideal, as a judicial virtue. In undertaking this task the analysis will also examine some aspects of the role of gender in the formation of the judicial subject as a sexual subject.
Allsop JLB ( 2008) Swearing-in speech of Allsop P. Swearing-in ceremony of the Honourable James Leslie Bain Allsop as a judge of the Supreme Court of New South Wales and President of the Court of Appeal of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 9-14.
2.
Anon. (undated) Virginia Bell Wikipedia URL (accessed 17 July 2009): http://en.wikipedia.org/w/index.php?title=Virginia_Bell .
3.
Barker I. ( 1999a) Swearing in speech, Ian Barker Esq., QC, President, New South Wales Bar Association. Swearing-in ceremony of the Honourable Patricia Anne Bergin, SC as a judge of the Supreme Court of New South Wales . Sydney: Supreme Court NSW, 1-3.
4.
Barker I. ( 1999b) Swearing in speech, Ian Barker Esq., QC, President, New South Wales Bar Association. Swearing-in ceremony of the Honourable Virginia Margaret Bell, SC as judge of the Supreme Court of New South Wales Sydney. Sydney: Supreme Court NSW , 1-4.
5.
Bell V. ( 1999) Swearing in speech, Bell J. Swearing-in ceremony of the Honourable Virginia Margaret Bell, SC as judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 3-5.
6.
Berlant L. and Warner M. ( 1998) Sex in public. Critical Inquiry24(2): 547-566.
7.
Bird SR ( 1996) Welcome to the men’s club: Homosociality and the maintenance of hegemonic masculinity. Gender and Society10(2): 120-132.
8.
Butler J. ( 2002) Is kinship always already heterosexual?Differences: A Journal of Feminist Cultural Studies13(1): 14-44.
9.
Davies DL ( 2009) Swearing in speech, Davies J. Swearing-in ceremony of the Honourable David Lloyd Davies SC as judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 10-15.
10.
Debus RJ ( 2007) Swearing in speech, the Honourable RJ Rebux MP, Attorney General of New South Wales. Swearing-in ceremony of the Honourable Ian Gordon Harrison as a judge of the Supreme Court of New South Wales Sydney . Sydney: Supreme Court NSW, 1-3.
11.
eHow Relationships & Family Editor (undated) How to know if someone is a lesbian. URL (accessed 14 December 2009): http://www.ehow.com/how_2106673_know-someone-lesbian.html .
12.
English H. ( 2003) Gender on Trial: Sexual Stereotypes and Work/Life Balance in the Legal Workplace. New York: ALM Publishing.
13.
Fullerton E. ( 2007) Swearing-in speech of Fullerton J. Swearing-in ceremony of the Honourable Elizabeth Fullerton SC as a judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 5-8.
14.
Fullerton E. ( 2009) Interview with Justice Elizabeth Fullerton 31 August 2009 . Sydney: On file with the author .
15.
Galanter M. and Roberts S. ( 2008) From kinship to magic circle: The London commercial law firm in the twentieth century. International Journal of the Legal Profession15(3): 143-178.
16.
Gaudron MG ( 1983) Swearing-in speech Miss MG Gaudron, QC Solicitor General . Swearing-in ceremony of the Honourable Matthew John Robert Clarke as a judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 1-3.
17.
Harrison IG ( 2004) Swearing-in speech Mr IG Harrison SC President, New South Wales Bar Association. Swearing-in ceremony of the Honourable Richard Weeks White as a judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 1-3.
18.
Hatzistergos J. ( 2008) Swearing-in speech the Honourable John Hatzistergos MLC, Attorney General of New South Wales. Swearing-in ceremony of the Honourable James Leslie Bain Allsop as a judge of the Supreme Court of New South Wales and President of the Court of Appeal of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 2-6.
19.
Hole M. ( 1999) Swearing in speech, Ms Margaret Hole, President, Law Society of New South Wales. Swearing-in ceremony of the Honourable Virginia Margaret Bell, SC as judge of the Supreme Court of New South Wales . Sydney: Supreme Court NSW, 2-3.
20.
Kirby M. ( 1984) Swearing-in speech, Kirby P. Swearing-in ceremony of the Honourable Michael Donald Kirby CMC as a judge of the Supreme Court of New South Wales, a judge of Appeal of the Court of the Supreme Court of New South Wales and President of the Court of Appeal of the Supreme Court of New South Wales. Sydney: Supreme Court NSW , 9-14.
21.
Kirby M. ( 2006) Interview with Justice Michael Kirby 22 February 2006 . London: On file with the author .
22.
Kirby M. ( 2009) High Court of Australia Judicial Farewell The Hon Justice Michael Kirby AC CMG Justice of the High Court of Australia. Canberra: High Court.
23.
Landa DP ( 1983) Swearing-in speech the Honourable DP Landa, MLC Attorney General. Swearing-in ceremony of the Honourable Lancelot John Priestley as a judge of the Supreme Court of New South Wales and as a judge of appeal of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 1-3.
24.
Landa DP ( 1984) Swearing-in speech the Honourable DP Landa, MLC Attorney General. Swearing-in ceremony of the Honourable Michael Donald Kirby CMC as a judge of the Supreme Court of New South Wales, a judge of Appeal of the Court of the Supreme Court of New South Wales and President of the Court of Appeal of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 1-3.
25.
Lipman-Blumen J. ( 1976) Toward a homosocial theory of sex roles: An explanation of the sex segregation of social institutions. Signs1(3): 15-31.
26.
Loxton AH ( 1975) Swearing-in speech AH Loxton Esq, President, Law Society of New South Wales. Swearing-in of the Honourable William Percy Ash as a justice of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 7-9.
27.
Macken H. ( 2008) Swearing in speech Mr H Macken, President, Law Society of New South Wales. Swearing-in ceremony of the Honourable James Leslie Bain Allsop as a judge of the Supreme Court of New South Wales and President of the Court of Appeal of the Supreme Court of New South Wales . Sydney: Supreme Court NSW, 69.
28.
Marsden J. ( 2005) I am what I am: My Life and Curious Times. Camberwell, Victoria: Penguin.
29.
Mawby RC ( 2002) Policing Images: Policing, Communication and Legitimacy . Cullompton: Willan Publishing .
30.
McColl RS ( 2003) Swearing-in ceremony of the Honourable Ruth Stephanie McColl SC as a judge of the Supreme Court of New South Wales and a judge of Appeal Sydney. Sydney: Supreme Court NSW, 6-10.
31.
McLachlan DE ( 1983) Swearing in speech DE McLachlan, Esq., President of the Law Society of New South Wales. Swearing-in ceremony of the honourable Matthew John Robert Clarke as a judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 3-6.
32.
Meagher RP ( 1989) Swearing in speech, Meagher JA. Swearing-in ceremony of the Honourable Roderick Pitt Meagher as a justice of the Supreme Court of New South Wales and as a judge of appeal. Sydney: Supreme Court NSW, 9-12.
33.
Mendelshon O. and Lippman M. ( 1979) The emergence of the corporate law firm in Australia . University of New South Wales Law Journal3(1): 78-98.
34.
Moran LJ ( 2006) Judicial diversity and the challenge of sexuality: Some preliminary findings. Sydney Law Review28: 565-598.
35.
Moran LJ ( 2008) Judicial bodies as sexual bodies: A tale of two portraits . Australian Feminist Law Journal29(December): 91-108.
36.
Moran LJ(2009) Judging pictures: A case study of portraits of the Chief Justices, Supreme Court of New South Wales. International Journal of Law in Context5(3): 61-80.
37.
North JFS (2000) Swearing in speech JFS North, President of the Law Society of New South Wales. Swearing-in ceremony of the Honourable Anthony Gerard Whealy as a judge of the Supreme Court of New South Wales. Sydney : Supreme Court NSW, 2-7.
38.
Pierce JL ( 1995) Gender Trials. Berkeley: University of California Press.
39.
Sedgwick EK ( 1985) Between Men: English Literature and Male Homosocial Desire . New York: Columbia University Press.
40.
Seideman S. ( 1994) Queer-ing Sociology, Sociologizing Queer Theory: An introduction . Sociological Theory12(2): 166-177.
41.
Simpson CC ( 1994) Swearing-in speech Simpson J. Swearing-in ceremony of the Honourable Carolyn Chalmers Simpson QC as a judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 12-17.
42.
Sinfield A. ( 1991) Private Lives/Public Theatre: Noel Coward and the politics of homosexual representation. Representations36(Fall): 43-63.
43.
Slattery M. ( 2007) Swearing-in speech Mr M Slattery QC President, New South Wales Bar Association. Swearing-in ceremony of the Honourable Elizabeth Fullerton SC as a judge of the Supreme Court of New South Wales . Sydney: Supreme Court NSW, 1-3.
44.
Spigelman JJ ( 1998) Swearing-in speech. Swearing-in ceremony of the Honourable JJ Spigelman QC as chief Justice of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 4-8.
45.
Street A. ( 2009) Swearing-in speech Mr Alexander Street SC Treasurer, New South Wales Bar Association. Swearing-in ceremony of the Honourable David Lloyd Davies SC as a judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 1-3.
46.
Thornton BE ( 1989) Swearing in speech, BE Thornton Esq., President, the Law Society of New South Wales. Swearing-in ceremony of the Honourable Roderick Pitt Meagher as a justice of the Supreme Court of New South Wales and as a judge of appeal. Sydney: Supreme Court NSW, 6-9.
47.
Thornton M. ( 1996) Dissonance and Distrust: Women in the Legal Profession . Oxford: Oxford University Press .
48.
Whealy AG ( 2000) Swearing in speech AG Whealy. Swearing-in ceremony of the Honourable Anthony Gerard Whealy as a judge of the Supreme Court of New South Wales. Sydney: Supreme Court NSW, 3-7.
