JCIO says barrister was not impolite or discourteous and judge’s criticism was unjustified
District Judge Nicola Murphy has been issued with formal advice for misconduct after a barrister was excluded from a directions hearing, leaving his client unrepresented.
The Judicial Conduct Investigations Office said the Lady Chief Justice, with the agreement of the Lord Chancellor, had issued the sanction after a nominated judge found that Murphy’s conduct was rude.
The complaint was brought by a barrister acting at the hearing. He alleged that the judge behaved in a rude, aggressive and bullying manner towards him, criticised his tone, refused to allow him to clarify that he was appearing as counsel, and excluded him from the hearing.
Murphy denied allegations of rudeness, aggression, bullying or loss of temper. She said her conduct was a response to what she described as the barrister’s disrespectful and intimidating behaviour, and said he had continued to challenge the court’s authority despite warnings and reference to the court’s zero-tolerance policy.
Murphy said her actions reflected concerns about maintaining appropriate standards of conduct and ensuring the safety of those in court.
Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found that confusion had arisen at the start of the hearing after the usher introduced everyone present only as “the parties”. As a result, Murphy initially mistook the barrister for his client.
After the barrister explained that he was acting as his client’s representative, the judge repeatedly criticised his tone. Having reviewed the audio recording, the nominated judge concluded that the barrister was not impolite or discourteous and that Murphy’s criticisms, including her reliance on the zero-tolerance policy, were unjustified. The barrister was ultimately excluded from the hearing, which proceeded without him.
The nominated judge concluded that Murphy’s conduct was rude and that this was compounded by the barrister being excluded in front of the parties. The nominated judge recommended formal advice for misconduct, taking into account Murphy’s previously unblemished record.
The Lady Chief Justice and the Lord Chancellor agreed with the recommendation.