JCIO 49/25

   

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 Ms Kate Waghorn JP of the South and West Devon Bench with a formal warning for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to be circumspect in their conduct. The Guide to Judicial Conduct requires judicial office holders to seek to be courteous, patient, tolerant, and to respect the dignity of all.

An allegation was referred to the South-West Region Conduct Advisory Committee that during a discussion in the retiring room, Ms Waghorn made an inappropriate comment about a probation officer’s appearance, including a reference to Al-Qaeda. The comment was made in the presence of other magistrates and a legal adviser.

Ms Waghorn’s Representations

Ms Waghorn stated that she had no clear recollection of making the comment but accepted that she was likely to have done so, given the consistency of the accounts provided. She expressed remorse and acknowledged the inappropriateness of the remark. She also outlined steps she had taken to reflect on the incident and improve her cultural awareness, including voluntarily completing Islam awareness training and apologising to all those present.

Findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a committee member nominated by the South-West Region Conduct Advisory Committee found that Ms Waghorn had made an inappropriate and racially insensitive comment, which caused emotional harm to an individual present during the conversation.

The nominated committee member found that while Ms Waghorn did not make the comment out of malice, she should have known it was offensive. As such, the nominated committee member found that Ms Waghorn failed to act with circumspection and treat others with respect. In recommending a sanction of formal advice, the nominated committee member took into account Ms Waghorn’s apology, her remorse and her previously unblemished 30-year record of service.

Decision

Mr Justice Keehan and the Lord Chancellor, having considered the nominated committee member’s advice carefully, were not satisfied that a sanction of formal advice adequately reflected the seriousness of the misconduct in this case. Given the nature of the comment, the circumstances in which it was made, and the offence caused by it, they agreed that Ms Waghorn should receive a more serious sanction of a formal warning.
 

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