JCIO 27/25

A spokesperson for the Judicial Conduct Investigations Office said:

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

Facts

The Guide to Judicial Conduct reminds judicial office-holders to be courteous, patient, tolerant and punctual and to respect the dignity of all. It also reminds them to treat others fairly and respectfully, be mindful of their authority and aware of how their words and behaviour can affect others, to remain patient and tolerant when encountering difficult situations, to act professionally and courteously, including under pressure and to avoid shouting or snapping.

The JCIO received three complaints each containing different allegations about HHJ Kushner’s behaviour during separate hearings. The allegations were similar in nature and included that HHJ Kushner raised her voice and shouted at legal parties or representatives during the hearings.

HHJ Kushner’s representations

HHJ Kushner explained the context surrounding the hearings. She said that the patience of the court had been sorely tested and that the particular dynamics of the hearings meant that the proceedings were very difficult to manage.

HHJ Kushner also provided details of personal circumstances which had an impact on her management of the hearings.

Nominated judge’s findings

The complaints were considered by a nominated judge who dismissed the majority of the allegations against HHJ Kushner. However, the nominated judge found that HHJ Kushner’s actions in becoming angry at the representative of a party to the proceedings in one hearing, and snapping at a litigant in another hearing, amounted to misconduct. The nominated judge observed that, in these two instances, the misconduct was brief and took place in the context of a hearing which was difficult to manage.

Decision

Having considered the personal mitigation offered by HHJ Kushner, the Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s recommendation to issue HHJ Kushner 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