JCIO 46/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Senior Coroner Martin Fleming with a formal warning for misconduct.

Facts

The Guide to Judicial Conduct reminds judges to be courteous, patient, tolerant and respectful of the dignity of all.

The JCIO received a complaint about Mr Fleming’s conduct from a coroner’s court manager. Two allegations were disproven, however, a further two allegations were upheld, namely that he deliberately excluded the complainant from contributing to operational meetings and decisions, and that he failed to allow the coroner’s court manager a fob to access the building, thus hindering the delivery of her duties. The misconduct was found to be prolonged and aggravated by the fact that it was a second offence against the same person. Mr Fleming was found to be in breach of his obligation to be courteous, patient and respectful of the complainant’s dignity.

Mr Fleming’s representations

Mr Fleming denied the majority of the allegations stating he believed the complainant’s role was non-operational thus it did not warrant a consistent level of contact with him and a day pass to the building would be sufficient for her working purposes. The matter was referred to an investigating judge.

Investigating judge’s findings

Following an investigation carried out under the Judicial Conduct (Judicial and other office holder) Rules 2014 the investigating judge, based on the evidence, found that Mr Fleming’s insistence that the complainant’s role was non-operational was unfounded and his actions served to deliberately exclude her. He also found that Mr Fleming denied her full access to the court building by refusing to provide her with a fob. The investigating judge found misconduct on these two points and recommended a reprimand as the appropriate sanction.

The investigating judge took into consideration that Mr Fleming was given a sanction of formal warning in March 2021 for shouting during a telephone conversation with the same complainant.

The investigating judge highlighted that Mr Fleming was a hardworking, conscientious coroner who had invested time in improving the performance of the court and who was respected and admired by assistant coroners who knew his conduct and manner well. The coroner also showed some genuine insight and remorse as to the unintended consequences of his behaviour.

Decision

The Lady Chief Justice and Lord Chancellor considered the investigating judge’s recommendation and decided that the lesser sanction of formal warning was more appropriate. The key factors in this decision was that no misconduct was found for bullying and an absence of any malevolence. They also took into consideration the coroner’s genuine insight and remorse for the unintended consequences of his behaviour.

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