JCIO issues formal advice after finding a magistrate used inappropriate language and behaviour
A magistrate has received formal advice for misconduct after an investigation found she used inappropriate language and audibly sighed during a family court hearing. The Judicial Conduct Investigations Office said witnesses reported several examples of behaviour that they believed demonstrated frustration and a negative attitude toward one of the parties.
The magistrate Dr Amy Delicate was alleged to have displayed inappropriate behaviour including desk banging audible sighing and swearing. According to a spokesperson for the Judicial Conduct Investigations Office witnesses said Delicate appeared to have a negative attitude toward one of the parties and seemed visibly frustrated throughout the proceedings.
Delicate denied any bias or misconduct. She said any swearing or signs of frustration were unintentional and apologised if such behaviour occurred. She told the Judicial Conduct Investigations Office that stress and confusion during the hearing were caused by incomplete court bundles and the late provision of legal advice. She suggested that some of her actions may have been misinterpreted.
Embed from Getty Images
In her representations Delicate noted that she had a five year unblemished record as a magistrate and said the bench reached a unanimous decision in the family matter that had been before them. She expressed regret for any distress caused and said she acknowledged the perspectives of others and was committed to reflection and learning.
The investigation found that Delicate’s behaviour included the deliberate use of inappropriate language audible sighing and prolonged eye contact which several witnesses interpreted as expressions of frustration and partiality. The investigation also noted that the hearing was not disrupted and the outcome was unaffected. However Delicate’s conduct caused embarrassment to court staff and had a negative impact on the working environment. Investigators concluded that she did not demonstrate full insight into the implications of her behaviour.
Following the findings Mr Justice Keehan acting on behalf of the lady chief justice and with the agreement of the lord chancellor issued Delicate with formal advice for misconduct. The Judicial Conduct Investigations Office said this amounted to a reasonable and proportionate sanction in the circumstances.
The matter is now concluded with the formal advice recorded as the appropriate disciplinary response.