JCIO 99/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Senior President of Tribunals, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Tribunal Judge Jenna McKinney of the Immigration and Asylum Chamber with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office-holders should strive to ensure that their conduct, both in and out of court, maintains and enhances the confidence, of the legal profession and litigants, court staff and colleagues in their personal impartiality and that of the judiciary. Judges must also comply with court security policies.

At the time of the events in question, Judge McKinney held appointments as a magistrate and a tribunal judge. She has since resigned from the magistracy.

Judge McKinney accepted that, in May 2024, while sitting as a magistrate, she enabled a duty solicitor who had been declined re-entry to the court for refusing to comply with security checks, to get back into court through an alternative entrance. This led to a dispute between the solicitor and security staff, resulting in the solicitor having to be restrained.

Judge McKinney’s representations

Judge McKinney explained that when the solicitor was refused re-entry to the court, she felt that the bench had to decide how to deal with the situation. Her aim was solely to ensure that a case involving several parties who were due to be represented by the solicitor was able to proceed. She accepted with hindsight that her actions were inappropriate and apologised for them.

Nominated judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that Judge McKinney’s actions amounted to misconduct.

In recommending a sanction of formal advice, the nominated judge took into account that Judge McKinney apologised for her actions. She had not been assisted by others present at the time and was motivated by a desire to ensure that the hearing went ahead. She engaged fully with the investigation process and had a previously unblemished disciplinary record.

Decision

The Senior President of Tribunals and the Lord Chancellor agreed with the nominated judge’s recommendation to issue Judge McKinney with formal advice for misconduct.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website