JCIO 42/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Assistant Coroner Mr Heath Westerman (“the coroner”) with a formal warning for misconduct.

Facts

The Guide to Judicial Conduct reminds judicial office holders to ensure that their conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants, in their personal impartiality and that of the judiciary. They are also expected to treat people with courtesy and respect.

The JCIO received a complaint on behalf of a party to an inquest related to the loss of her son. The complainant alleged that following a hearing she had overheard the coroner describe her barrister’s submission as “bollocks” and that the duration of the inquest listing was “ridiculous”. He was also alleged to have said “Who do these people think they are?”

The complaint was investigated under the Judicial Conduct (Judicial and other office holders) Rules 2014.

The coroner’s representations

The coroner accepted that he had used the term “bollocks”. This, he stated, was due to frustration caused by a poor submission by the complainant’s barrister. The discussion, with two members of staff, took place in a private area at a time when he believed the complainant had left the building. He nevertheless accepted that his language was inappropriate and intemperate, for which he was very sorry.

The coroner denied that he had referred to the duration of the inquest listing as “ridiculous” or said: “Who do they think they are?”. He added that he had been under considerable pressure of work at the time. He had apologised to the complainant straightaway, reported himself to his senior coroner and recused himself from the case.

Findings

A nominated judge found that, in addition to using the term “bollocks” in relation to the barrister’s submission, the coroner said something implying that the duration of the listing was ridiculous. These comments were both inappropriate and prejudicial. The nominated judge found that the coroner had not said “Who do they think they are?”

Decision

The Lord Chancellor and the Lady Chief Justice agreed with the nominated judge that a formal warning was a reasonable and proportionate sanction in this case. In reaching their decision, they took into consideration that the coroner had a previously 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