JCIO 19/25

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 Mr Robert Walker JP, a magistrate on the Birmingham & Solihull Bench, with formal advice for misconduct.

Facts

Magistrates sign a declaration and undertaking on appointment, which includes an agreement to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times, in their private, working and public lives. In addition, the Statement of Expected Behaviour, which is annexed to the Guide to Judicial Conduct (2023) reminds judicial office holders to treat people fairly and respectfully and be aware of how their words and behaviours can affect others.

The Midlands Conduct Advisory Committee was made aware of two separate reports from two members of staff that Mr Walker had spoken to another member of staff, whilst in court, in a stern, belittling and intimidating manner. This interaction had a significant impact on this member of staff.

Mr Walker’s representations

In his representations, Mr Walker acknowledged that he had spoken to the member of staff in court, however, his intention was to help and not to cause upset. He confirmed there were no members of the public or defence lawyers present. Mr Walker stated that as the presiding justice on the day, he had checked with his wingers, who confirmed the appropriateness of his words. Mr Walker also confirmed that he was unaware of the member of staff’s inexperience and felt that the bench should have been made aware of this at the pre-court briefing.

Nominated Committee Member’s findings

The allegation was investigated in accordance with The Judicial Conduct (Magistrates) Rules 2023. A nominated committee member of the Midlands Conduct Advisory Committee took into consideration Mr Walker’s long service and that he has no previous conduct issues. The nominated committee member found that whilst Mr Walker may not have intended to cause upset, his interaction was received in a negative manner and had a serious impact on the member of staff. The nominated committee member was of the view that Mr Walker’s actions amounted to misconduct. In recommending formal advice, the nominated committee member took into consideration that Mr Walker had not shown any remorse and that there was a lack of acknowledgement of the impact of his behaviour on the member of staff.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the findings and issued Mr Walker 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