JCIO 17/25

A spokesperson for the Judicial Conduct Investigations Office:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Recorder James Howlett with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office holders should display diligence and care in the discharge of their judicial duties. The JCIO’s guidance on misconduct and recommending sanctions explains that a question of misconduct may arise where the time taken to complete a judgment exceeds three months from the conclusion of the hearing or trial.

The JCIO received a complaint that Recorder Howlett had not yet issued a reserved judgment in a case, amounting to a delay of nearly eight months. This was despite chasers from court staff and senior judges, some of which had not received a response.

Recorder Howlett’s Representations

In his representations, Recorder Howlett accepted that his delay in issuing the judgment was unacceptable and apologised for the delay and for his failure to respond to enquiries about the matter. He attributed the delay to a combination of professional and personal pressures, acknowledged the seriousness of the matter and confirmed that he had sent the draft judgment to the court that day. He provided assurances that a similar incident would not occur in future.

Nominated Judge’s Findings

Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found that Recorder Howlett’s eight-month delay in issuing a judgment, together with his repeated failure to respond to enquiries about the matter, amounted to misconduct. In recommending a sanction of formal advice, the nominated judge acknowledged Recorder Howlett’s previously unblemished conduct record but considered his persistent lack of engagement to be an aggravating factor.

Decision

The Lady Chief Justice and the Lord Chancellor agreed with the nominated judge’s recommendation and issued Recorder Howlett 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