JCIO 32/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Anne Toomer JP with a sanction of formal warning for misconduct.

Facts

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lord Chief Justice that a magistrate should be issued with formal advice or a formal warning where—
(a) there is no dispute as to the facts set out in the complaint;
(b) the alleged facts relate to conduct which the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

The declaration and undertaking signed by all magistrates on their appointment states that they will maintain the good reputation of the magistracy at all times, in their private, working, and public lives. Additionally, social media guidance for the judiciary cautions office holders not to respond to inaccurate or unfair social media reports or comments.

In February 2024, Mrs Toomer replied to a Facebook comment on a group for residents of her local area. Mrs Toomer considered the comment, which related to a case of animal cruelty, to be misleading. In her reply, she referred to herself as the judge who had presided over the case and commented on the likelihood of the defendant being imprisoned. She also referred to the defendant’s apparent lack of emotion during the hearing.

Mrs Toomer’s representations

Mrs Toomer took full responsibility for her actions, deleted the comment promptly and gave assurances as to her future conduct.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor considered the advice from the Judicial Conduct Investigations Office. They were not satisfied that a sanction of formal advice was sufficient in this case and decided to issue Mrs Toomer with a formal warning. In reaching their decision, they took into Mrs Toomer’s long and unblemished conduct record but found that her actions had seriously risked undermining public confidence in her impartiality and had reputational implications for the magistracy.

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