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Thursday, 15 March 2018

JUDICIAL BLINKERS

Members of the judiciary including those on the very lowest level i.e. magistrates, face the prospect of a rap across the knuckles or worse if they fall foul of what the superbeaks at the Judicial Conduct Investigations Office deem to be appropriate behaviour.  There are few who would not argue that magistrates are far more likely to be contenders for judicial castigation than their senior professional well remunerated colleagues. Indeed a cursory glance at the reasons why three J.P.s this year have been already sanctioned for what some might say are merely minor behavioural infringements adds weight to that impression of unduly robust censure for  magistrates.  

 A recent Appeal Court ruling on a Deputy District Judge`s behaviour will almost certainly sustain the belief of the professional judiciary`s near immunity from public sanction except when the matter reaches and is concerned with a wider audience.  Spend a few minutes reading the Law Society Gazette report and the accompanying comments and come to your own conclusions on whether or not judicial blinkers are in use depending upon the situation. 
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2 comments:

  1. Anonymous17 March 2018 at 18:43

    So Jayne Harding JP failed to engage with her Bench Chairman, late last year Joanne Kyle JP also failed to engage with her Bench Chairman. Three years ago my Justice Clerk was concerned that I had requested a meeting regarding bullying on the bench and abuse of authority but refused to accept my decision that the Bench Chairman should not attend.
    This particular chairman was never elected for Bench Chairman, she took the position for three years because there were no other candidates. There are no skill requirements to become a Bench Chairman and there is no appraisal or monitoring of their performance.
    Sadly this important position is often filled by professional committee members who flit from one position to another to satisfy their own self importance.
    Magistrates subjected to a Conduct Investigation become a pariah, they stand alone with no support, the Magistrates Association give no support and distance themselves from the individual. There is no 'Equality of Arms". the JCIO have legal advisers to assist the (they still get it wrong) and do not comply with the badly drafted conduct rules. Generally they hide behind Section 139 Constitutional Reform Act, threats of and terms like Official Sensitive in correspondence Magistrates stand alone unless they choose to fund legal advice.
Colleagues are volunteers and generally do not want to become involved. It is a paradox that Magistrates expect victims, witnesses, including family, friends, neighbours and relatives too give statements and where necessary give evidence yet suddenly distance themselves from a conduct inquiry and incidents of bullying and abuse of authority.

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  2. Too old JP.18 March 2018 at 09:43

    I found the website of the JCIO last week and was pleasantly surprised at what I found. It showed all complaints by year and ALL judicial office holders were included. There were a lot of issues that needed attention and individual cases were described. Some cases resulted in guidance being given about future conduct and some individuals were removed as judicial office holders. Some of the latter were QCs and / or Recorders and I felt that the public are being well served by the process. I well remember sitting some years ago at a day of appeals at the local Crown Court with a new recorder who was quite objectionable. He was rude to his two JP colleagues and his attitude to other court users was abominable. After lunch I reported him to the resident judge who I had known well over the years. He took the matter forward and asked if I would be prepared to make a statement which I did. I never did know the eventual outcome but I do know that what I and a colleague had said was acted upon and I felt better for that.

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