JCIO 104/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chancellor, with the Lady Chief Justice’s agreement, have issued Mr Martin Dominique JP with a formal warning for failing, without a reasonable excuse, to meet the minimum sitting requirements of his appointment.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to sit for at least 13 days (or 26 half days) a year. Mr Dominique sits in two jurisdictions and is required to sit for 30 half days a year.

The summary process in the Judicial Conduct (Magistrates) Rules 2023 enables an advisory committee to recommend a magistrate’s removal from office without further investigation where that magistrate has failed, without a reasonable excuse, to meet their minimum sitting requirements.

In 2022/23, Mr Dominique did not meet the minimum sitting requirements of his appointment. In 2023, Mr Dominique was referred to the London Conduct Advisory Committee (LCAC), who took no formal action but warned Mr Dominique that his low sitting record could result in conduct proceedings. In 2023/24, Mr Dominique again did not meet the minimum sitting requirements of his appointment. He was referred to the LCAC after failing to meet his sitting requirements for the second consecutive sitting year.

Mr Dominique’s representations

Mr Dominique cited work related issues which had impeded his ability to fulfil his sitting obligations. He claimed that some sittings were not recorded but no longer had access to his relevant emails to support this. He stated that, on occasion, his sitting availability enabled the court to continue sitting where it may have otherwise not have been able to.

Findings

The LCAC recommended Mr Dominique’s removal from the magistracy as he had failed to meet the annual minimum sittings for the last two sitting years, without reasonable excuse. This was despite an effort by the LCAC in the previous year to encourage Mr Dominique to comply with his obligations to the magistracy.

London Conduct Advisory Committee recommendation

In recommending Mr Dominique’s removal from office, the LCAC concluded that Mr Dominique had not provided a reasonable excuse for his persistent failure to meet his minimum sitting requirement.

Decision

While agreeing that Mr Dominique’s lack of sittings amounted to misconduct, the Lady Chief Justice and Lord Chancellor took into consideration that Mr Dominique exceeded his sitting requirements in 2021-2022, and although he failed to meet his sitting requirements between 2022-2024, he was on course to meet them for the current year.

The Lady Chief Justice and Lord Chancellor decided that this did not amount to a persistent failure that required his removal from office, and instead issued him with a formal warning.

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