A magistrate has received a formal warning after sharing court case papers with a mentee
A magistrate has been issued with a formal warning for misconduct after sharing court case papers with a mentee, in breach of established judicial guidance.
The Judicial Conduct Investigations Office confirmed that the sanction was imposed on Madeleine Bonser, who acted as a mentor to new magistrates. The JCIO said Bonser had been made aware of a policy that states that case papers must not be shared with mentees who are observing court proceedings as part of their training.
A complaint was raised after Bonser requested court administration staff to provide certain case papers to a mentee. The JCIO said this request was inconsistent with the guide to judicial conduct, which advises judicial office holders to avoid situations that could reasonably reduce respect for judicial office.
The guide also requires magistrates to sign a declaration and undertaking upon appointment, committing them to act with circumspection and to maintain the dignity, standing and good reputation of the magistracy at all times.
Bonser accepted that she had made the request for the case papers to be shared with a mentee. However, she told investigators that she had no power or intention to unilaterally override the existing policy. She said she believed the policy had changed after case papers were shared with a mentee on a previous occasion.
Bonser also said her assumption was reinforced when her request was actioned by court administration staff. She maintained that this led her to believe the sharing of papers was permitted.
Embed from Getty ImagesAn investigation concluded that Bonser had failed to uphold the reputation of the judiciary and had not acted with the required level of circumspection. The findings noted that she made the request despite having been reminded of the policy on three separate occasions.
The investigation also found that Bonser failed to take full responsibility for her actions and instead attempted to place blame on court administration staff for complying with her request.
In mitigation, the JCIO acknowledged that Bonser had an unblemished record over 18 years of service as a magistrate. There was no suggestion that the conduct was deliberate or intended to undermine judicial standards.
Despite this, the investigation concluded that the breach was sufficiently serious to warrant formal disciplinary action. Mr Justice Keehan, acting on behalf of the Lady Chief Justice and with the agreement of the Lord Chancellor, determined that a formal warning for misconduct was an appropriate and proportionate sanction.
The JCIO said the outcome reflected the importance of maintaining clear professional boundaries and adherence to established policies, particularly where confidential court material is concerned.