JCIO 50/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chancellor, with the Lady Chief Justice’s agreement, has removed Ms Susan Kelly of the Black Country Local Justice Area from office for failure, without a reasonable excuse, to meet the minimum sittings required of a magistrate.

Facts

On appointment, magistrates sign a declaration and undertaking which includes a commitment to sit for at least 13 days (or 26 half days) a year. If they fail to do so without an acceptable reason, they are expected to resign. They are also expected to keep in regular contact with their bench.

The summary process in the Judicial Conduct (Magistrates) Rules 2023 enables a regional conduct advisory committee secretary to recommend a magistrate’s removal from office without further investigation where that magistrate has failed, without a reasonable excuse, to meet their minimum sittings requirement.

Midlands Conduct Advisory Committee recommendation

The Midlands Conduct Advisory Committee (MCAC) recommended Ms Kelly’s removal from office, citing her failure to meet the annual minimum sittings requirement for three consecutive years from April 2022. They noted that Ms Kelly had not sat at all during the last two reporting years and, following her return from a two-month leave of absence which ended in May 2023, she did not re-establish contact or complete the mandatory training courses required to resume her duties.

Ms Kelly’s representations

Ms Kelly explained that her lack of engagement stemmed from a combination of personal circumstances and a difficult meeting upon her return from her leave of absence. Ms Kelly also highlighted her long-standing commitment to the magistracy, including her service during challenging times, and noted that she had never received complaints from colleagues.

Decision

The Lord Chancellor and the Lady Chief Justice agreed that Ms Kelly’s representations did not amount to a reasonable excuse for the serious shortfall in her sittings over the last three years. 
 

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