JCIO 15/25

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Her Honour Judge Kharin Cox (‘HHJ Cox’) with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office-holders should seek to be courteous, patient and tolerant, and respect the dignity of all. They should also ensure that no one in court is exposed to any display of bias or prejudice.

A party to family proceedings complained that HHJ Cox had suggested that the reason he was making an application for a declaration of parentage was related to the Home Office, which he understood to be based on an assumption that he is an immigrant. The complainant is a British citizen, who was born in the UK.

HHJ Cox’s representations

HHJ Cox accepted that she had said she was ‘guessing’ the need for the declaration was to do with the Home Office, after the complainant had mentioned needing it for administrative purposes. However, this was not an assumption or assertion, but a query related to the reasons for the application. No prejudice was displayed.

Nominated judge’s findings and recommendation

Following an investigation carried out under the Judicial Conduct Rules 2023, a nominated judge found that HHJ Cox’s behaviour amounted to misconduct. He found that her comment amounted to a questioning of the complainant’s immigration status. This could be regarded as demonstrating a negative stereotype based on the complainant’s presumed characteristics. He noted that it would have been possible to explore the reason for the application without making such a comment.

In recommending a sanction of formal advice, the nominated judge acknowledged that HHJ Cox is a long-serving judge with a previously unblemished conduct record. He also accepted that this was a single, ill-judged remark and that she did not intend to offend. However, she had also failed to recognise the inappropriateness of her conduct and had not apologised.

Decision

Having considered the nominated judge’s report, the Lady Chief Justice and the Lord Chancellor agreed with the nominated judge’s recommendation to issue HHJ Cox 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