JCIO 84/25

   

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 Mr Nicholas Letherby JP, of the Sussex (Central) Local Justice Area, with formal advice 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 Guide to Judicial Conduct also states that an office holder is expected to be “courteous, patient, tolerant and should respect the dignity of all”.

A complaint was made to the South East Conduct Advisory Committee against Mr Letherby by a member of His Majesty’s Courts and Tribunals Service (HMCTS). The complaint alleged that Mr Letherby shouted at them during a hearing.

Mr Letherby’s Representations

Mr Letherby denied shouting but acknowledged that the incident occurred and that he had raised his voice. He described the behaviour as out of character and cited significant personal pressures at the time, which had had a substantial impact on him.

Nominated Committee Member’s Findings

Following an investigation, the Nominated Committee Member (NCM) found that Mr Letherby had shouted at the member of staff as alleged. They found that while the action was deliberate, it was not premeditated.

The NCM acknowledged that Mr Letherby was under considerable personal stress at the time and noted his previously unblemished conduct record during his 22 years of service as a magistrate.

Decision

Having considered the mitigation offered by Mr Letherby, Mr Justice Keehan and Lord Chancellor agreed with the NCM’s recommendation of formal advice. 
 

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