JCIO 45/25

   

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 John Garforth JP, of the Greater Manchester bench, with formal advice for misconduct.

Facts

Magistrates sign a declaration and undertaking on their appointment which states that they will agree to report, without exception, to their bench chair and senior legal manager, their involvement, in any capacity, in court or disciplinary proceedings.

A report was made to the North West Conduct Advisory Committee that an internal investigation had been opened against Mr Garforth in the course of his employment, however, Mr Garforth resigned before the matter could proceed to a full disciplinary hearing. Mr Garforth had not informed his bench chair or senior legal manager of this internal investigation.

Mr Garforth’s representations

Mr Garforth took responsibility for failing to notify his bench chair and senior legal manager of the internal investigation and apologised. He explained that he was aware of his duty to report disciplinary matters, but he genuinely believed this would only have applied if the matter had progressed to a full disciplinary hearing.

Nominated Committee Member’s findings

The complaint was considered by a nominated committee member (NCM) under the Judicial Conduct (Magistrates) Rules 2023. The NCM considered that the internal investigation was part of a disciplinary process, and therefore Mr Garforth breached the requirement on magistrates to notify their bench chair and senior legal manager of their involvement in disciplinary proceedings. The NCM accepted that Mr Garforth’s omission was not deliberate but a misunderstanding of his obligation. The NCM also took into account that Mr Garforth’s actions could have potentially caused reputational damage to the magistracy. The NCM found that Mr Garforth’s actions amounted to misconduct recommended that Mr Garforth be issued with formal advice.

Decision

Mr Justice Keehan and the Lord Chancellor agreed that Mr Garforth’s actions amounted to misconduct and issued him 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