JCIO 103/24

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 Richard Giugno JP with a formal warning 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 Giugno by Mr Julien Vantyghem, the then Head of Legal Operations for the South East Region at His Majesty’s Courts and Tribunals Service (HMCTS). The complaint came after an exchange of emails between Mr Giugno and Mr Vantyghem after Mr Giugno attempted to submit a large number of expense claims to HMCTS, which did not comply with the time limit. Mr Vantyghem alleged that Mr Giugno had used an aggressive, demanding and intimidatory tone and had made inappropriate personal comments.

Mr Giugno’s representations

Mr Giugno denied that there was any case to answer in respect of the complaint and stated that it was a private matter between himself in a non-judicial capacity and HMCTS. He considered the complaint to be misconceived and vexatious and that it had been brought to retaliate against him.

Nominated Committee Member’s findings

Following an investigation, the nominated committee member found that the tone of Mr Giugno’s email was inappropriate and aggressive. His comments about Mr Vantyghem were of grave concern as they amounted to a personal attack.

Whilst it was acknowledged that Mr Giugno was in a dispute with HMCTS over expenses, this did not justify the tone of the email.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the nominated committee member’s findings that Mr Giugno’s actions amounted to misconduct. They concluded that a reprimand would be too harsh in this case and decided that it would be more proportionate to issue Mr Giugno with a formal warning. In doing so they took into account that Mr Giugno’s unblemished conduct record.

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