JCIO 78/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lord Chief Justice and with the Lord Chancellor’s agreement, has issued Mr David Payne JP with a formal warning for misconduct.

Facts

On appointment, Magistrates sign a declaration and undertaking which requires them to maintain the dignity, standing and good reputation of the magistracy at all times in their private, working and public life.

The Social Media Guidance for the judiciary states that judicial office holders should be aware of the risk of undermining trust and confidence in the judiciary by expressing, or appearing to endorse, views which could cast doubt on their objectivity. They should also not comment on matters of controversy.

Mr Payne was referred to the Midlands Conduct Advisory Committee regarding his use of social media.

Mr Payne had identified himself as ‘Presiding Justice’ on his Facebook page and checked in at Wolverhampton Magistrates Court when he was sitting there. He had also shared posts on politically sensitive topics such as refugees and the government’s winter fuel policy.

Mr Payne’s representations

In representations, Mr Payne stated that he had a limited understanding of how Facebook worked and that a family member had set the account up for him and it was they who had identified him as ‘Presiding Justice’. He explained that he had used the check in feature as a means of keeping in touch with relatives that lived abroad and that he had shared the posts because he thought they were humorous.

Mr Payne admitted that he had not made himself aware of the guidance on the use of social media and, having read this and reflecting further, he realised that others may see the posts differently.

He also confirmed that he had deleted his account.

Nominated Committee Member’s findings

Following an investigation, the nominated committee member found that Mr Payne had not exercised sound judgment. They also found that he failed to follow, or make himself aware of, the guidance regarding the use of social media and that he should have known that his actions would be unacceptable and risk bringing the judiciary into disrepute.

Decision

Having considered the mitigation offered by Mr Payne, Mr Justice Keehan and the Lord Chancellor agreed with the nominated committee member’s recommendation to issue Mr Payne with a formal warning. In doing so they took into account Mr Payne’s thirty-four years of unblemished service and the fact that he had expressed genuine remorse and taken prompt remedial action.

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