JCIO 41/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Mr Justice Marcus Smith (“the judge”) with a reprimand for serious misconduct.

Facts

The Statement of Expected Behaviours for the judiciary states the importance of helping to foster a positive working environment and treating people with dignity and respect. Judges are advised to be: “mindful of the authority we have and careful not to abuse it; [and to] be aware of how our words and behaviour can affect others.”

In May 2024, the JCIO received a complaint in which the complainant alleged that the judge had passed a handwritten letter to a junior member of staff, referring to a number of personal matters and his feelings for the member of staff. The contents of the letter caused the member of staff to feel distressed, angry, let down and devalued. The complaint was accompanied by a summary document which described a series of prior events, for example the judge sharing information about his relationship with his judicial leadership and asking the member of staff to go for walks with him.

The letter referred to his work, including the challenges of his role as President of the Competition Appeal Tribunal (CAT), and aspects of his personal life. It also stated that he loved the member of staff and wanted to know if this was reciprocated.

On reading the letter, the member of staff became very distressed, and reported the matter, stating that they did not want to work with the judge again or cross paths with him.

Mr Justice Marcus Smith’s representations

In his response to the complaint, the judge accepted that he had written the letter and passed it to the member of staff. He acknowledged that it was plainly inappropriate to do so and that it had caused significant emotional distress.

The judge stated that it had not been his intention to pressure or take advantage of the member of staff. On reflection, he realised that he had been ignoring warning signs about his workload and health. He had come to realise that the letter was a poorly framed attempt to reach out for support and to discuss his problems. He gave an assurance that there would be no repeat of such behaviour. He would be taking immediate steps to address the underlying issues which he believed had led him to act as he did.

Nominated judge’s findings

Following an investigation carried out under the Judicial Conduct Rules 2023, a senior nominated judge found that the judge’s actions amounted to serious misconduct. By writing and giving the letter to the member of staff, he was clearly expressing his love for her and that he wanted to take things further. His actions were part of a course of escalating conduct towards a junior member of staff who was in a very vulnerable position in relation to him. He had abused his position and crossed lines which should not be crossed. It was unsurprising that the member of staff had been distressed. The impact on the member of staff was likely to be lasting.

In recommending a reprimand, the most serious sanction short of removal from office, the nominated judge concluded that the judge had shown little insight into why his actions were so wrong. He had not acknowledged the romantic aspects of the letter, focussing instead on his own circumstances and feelings.

Decision

The Lady Chief Justice and the Lord Chancellor agreed with the nominated judge’s recommendation to issue the judge with a reprimand.

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