JCIO 52/26

   

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 Maryam Cleary JP with a formal warning for misconduct.

Facts

The Guide to Judicial Conduct requires judicial office holders to be courteous, patient, tolerant and to respect the dignity of all. The Statement of Expected Behaviour further reminds them to treat others fairly and respectfully and to build effective working relationships with staff.

A complaint was made regarding Mrs Cleary’s behaviour towards a member of staff following a disagreement about how a court sitting had been conducted. It was alleged that, when the staff member sought to raise concerns following the sitting, Mrs Cleary aggressively accused them of undermining her authority and shouted and banged her fist on the table during the discussions. The staff member stated that her conduct left them upset and distressed.

Mrs Cleary’s representations

Mrs Cleary denied the allegations. She accepted that she was loud-spoken but categorically denied shouting, speaking aggressively or banging on the table. She explained she had been upset because she found the incident very unpleasant. She attributed this to the conduct of the staff member, whom she said had acted in an unprofessional, hostile and condescending manner, and had repeatedly interrupted and spoken over her. She further stated that the matter had caused stress and anxiety to her and her magistrate colleagues.

Nominated committee member’s findings and recommendation

Following an investigation under the Judicial Conduct (Magistrates) Rules 2023, during which witness evidence was obtained, a nominated committee member of the North-East Region Conduct Advisory Committee found that Mrs Cleary had shouted at the staff member and that her shouting was aggressive. The allegation that she banged her fist on the table was not proved.

The nominated committee member found that Mrs Cleary’s behaviour was inconsistent with the standards of conduct expected of judicial office holders and that, as an experienced magistrate and Presiding Justice, she should have recognised that the discussion would be challenging and that there were alternative ways of responding. The nominated committee member concluded that her behaviour amounted to misconduct.

In considering the appropriate sanction, the nominated committee member took into account Mrs Cleary’s length of service as a magistrate. However, he considered her lack of remorse to be an aggravating factor. He recommended that she be issued with a formal warning.

Decision

After careful consideration, the Lord Chancellor and Mr Justice Keehan agreed with the recommendation to issue Mrs Cleary with 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