Sussex magistrate issued formal advice over courtroom conduct
A magistrate serving in Sussex has been issued with formal advice for misconduct following a complaint about his behaviour during a court hearing.
A spokesperson for the Judicial Conduct Investigations Office (JCIO) confirmed that Mr Justice Keehan, acting on behalf of the Lady Chief Justice and with the agreement of the Lord Chancellor, imposed the sanction on Mr Nicholas Letherby JP of the Sussex (Central) Local Justice Area.
The complaint was made by a member of HM Courts & Tribunals Service (HMCTS). It is alleged that Mr Letherby shouted at the staff member during a hearing.
When magistrates are appointed, they sign a declaration and undertaking requiring them to maintain the dignity, standing and good reputation of the magistracy at all times, whether in private, at work or in public life. The Guide to Judicial Conduct further states that office holders are expected to be “courteous, patient, tolerant and should respect the dignity of all”.
In his 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 said that he had been under significant personal pressures at the time, which had had a substantial impact on him.
Following an investigation, a Nominated Committee Member (NCM) found that Mr Letherby had shouted at the HMCTS staff member as alleged. The NCM determined that while the action was deliberate, it was not premeditated.
The NCM also took into account that Mr Letherby was experiencing considerable personal stress at the time of the incident and noted his previously unblemished conduct record over 22 years of service as a magistrate.
After considering the findings and mitigation, Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s recommendation that formal advice was the appropriate sanction.
Under the Constitutional Reform Act 2005, sanctions for misconduct by judicial office holders range in severity from formal advice and formal warning to reprimand and removal from office. Formal advice is the least severe of the available sanctions.
The JCIO said media queries should be directed to the Judicial Press Office.