JCIO 48/24

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 Michael Woodhouse JP of the Black Country Bench with formal advice for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to maintain the dignity, standing and good reputation of the magistracy. The Guide to Judicial Conduct reminds office holders to be courteous, patient, tolerant and to respect the dignity of all.

A legal adviser complained about the manner in which Mr Woodhouse had spoken to her at the end of a court day. She said that she had informed him that he could not invite a member of the public who was considering applying to the magistracy into the retiring room for a conversation. He asserted that he had invited prospective applicants into the retiring room for years and would not be told what to do in ‘his’ court. He demanded in a raised voice that the complainant call her senior legal manager and line manager to verify the information. He then repeated these sentiments in a conversation with the member of the public, which the complainant heard.

Mr Woodhouse’s representations

Mr Woodhouse accepted the allegations. He agreed that his behaviour was unacceptable and excessive and that the discussion should not have taken place in open court. He offered two further written apologies for his behaviour. He said he had been surprised at what the complainant had told him as it was contrary to advice he had received for several years. His frustration was not aimed at her but at court communications. He had apologised to the complainant and prosecutor on the day. He had also immediately called the senior legal manager and complainant’s line manager to apologise, and promptly reported his behaviour to his bench chair. In mitigation, he detailed several personal difficulties he was experiencing which he believed had affected his behaviour.

Findings

The matter was considered by a conduct panel of the Midlands Conduct Advisory Committee, under the Judicial Conduct (Magistrates) Rules 2014. The panel found that the facts, which were agreed, amounted to misconduct. Mr Woodhouse’s behaviour was unprofessional and discourteous, occurred in open court in front of several others and significantly upset the complainant. However, in recommending a sanction of formal advice, the panel acknowledged Mr Woodhouse’s personal circumstances which provided substantial mitigation. Furthermore, the speed and fullness of his attempts to apologise and reflect on his behaviour demonstrated his remorse and desire to make amends. He also had no previous findings of misconduct against him.

Decision

Having considered the mitigation offered by Mr Woodhouse, Mr Justice Keehan and the Lord Chancellor agreed with the panel’s recommendation.

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