JCIO 11/26

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Mrs Jacqueline Caldwell-Barr JP, a magistrate on the supplemental list, with formal advice for misconduct.

Facts

A retired magistrate on the supplemental list has no judicial powers but is entitled to continue to refer to themselves as a JP. They remain subject to the same behavioural expectations as serving magistrates. This includes acting with circumspection, using social media responsibly and avoiding any use of the JP suffix that might be perceived as trying to gain influence.

A complaint was made to the South-East Region Conduct Advisory Committee in relation to a post that Mrs Caldwell Barr had made in a Facebook group. It was alleged that Mrs Caldwell-Barr’s post, which was signed using her JP suffix, suggested wrongdoing by two named individuals. It was further alleged that Mrs Caldwell-Barr expressed views in her post which could be seen as prejudging matters, implying guilt, and encouraging harassment.

Mrs Caldwell-Barr’s representations

Mrs Caldwell Barr accepted that she had made the post and had used her JP suffix. She denied making any statements that were threatening or that encouraged harassment. She apologised, acknowledged that linking her comments to her judicial status was inappropriate, confirmed that she removed the posts as soon as she became aware of the complaint, and gave an assurance that she would adhere to the relevant guidance in future.

Nominated committee member’s findings and recommendation

Following an investigation under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member of the South-East Region Conduct Advisory Committee found that in making the post, Mrs Caldwell-Barr had placed herself in a position where doubt might be cast on her judicial impartiality. The nominated committee member found that Mrs Caldwell-Barr had breached the relevant guidance and had brought the magistracy into disrepute. Whilst the nominated committee member considered that some harm had been caused to the two named individuals, the nominated committee member found that the harm could not be attributed solely to Mrs Caldwell-Barr, given other activity on the Facebook group.

In recommending formal advice for misconduct, the nominated committee member took into consideration Mrs Caldwell-Barr’s early acceptance of wrongdoing, the immediate removal of the posts once becoming aware of the complaint, and her 24 years of unblemished service as a magistrate.

Decision

After careful consideration, Mr Justice Keehan and the Lord Chancellor agreed with the recommendation to issue Mrs Caldwell-Barr with formal advice. 
 

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