JCIO 46/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Michael Muldoon JP, of the Lancashire local justice area, with formal advice for misconduct.

Facts

The Guide to Judicial Conduct states that judicial office holders are expected to show ‘respect for the law and observance of the law’. In addition, magistrates sign a declaration and undertaking on appointment agreeing to be circumspect in their conduct and to maintain the dignity, standing and good reputation of the magistracy at all times.

Under guidance issued to the judiciary in 2007, road traffic offences need to be reported to the relevant leadership judge (or bench chair in the case of a magistrate), if on conviction:

• any period of disqualification from holding or obtaining a driving licence is imposed, or,
• six penalty points are ordered to be endorsed on the licence, or, if a lesser number of points are ordered to be endorsed, the total points then endorsed on the licence exceeds six.

Mr Muldoon reported himself to his bench chair, and at the same time, the North West Conduct Advisory Committee (NWCAC) that he had been issued with a notice of intended prosecution for an alleged speeding offence. Mr Muldoon later received six penalty points on his driver’s licence and a fine in respect of this speeding offence.

The matter was dealt with, by consent, under the expedited process in the Judicial Conduct (Magistrates) Rules 2023. The expedited process enables the JCIO to advise the Lord Chancellor and the Lady 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.


Michael Muldoon’s representations

In his representations, Mr Muldoon was regretful and embarrassed by his actions and apologised to his area team. He indicated that he had sought advice from his judicial mentor and had promptly notified his bench chair of the matter. Mr Muldoon also indicated that he otherwise held a clean driver’s licence.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the JCIO that Mr Muldoon’s actions which gave rise to the speeding offence amounted to misconduct. In agreeing to issue Mr Muldoon with formal advice, they took into consideration his regret for his actions and that he reported the matter promptly. 
 

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