JCIO 57/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Recorder Simon Bickler with a formal warning for misconduct.

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lord Chief Justice that a magistrate should be issued with formal advice or a formal warning where—

(a) there is no dispute as to the facts set out in the complaint;
(b) the alleged facts relate to conduct which the JCIO considers that the Lord Chancellor and the Lord Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lord Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

Facts

The Guide to Judicial Conduct states that judicial office-holders are expected to show ‘respect for the law and observance of the law’ and comply with their responsibilities to report offences to their leadership judge.

Under guidance issued to the judiciary in 2007, road traffic offences need to be reported to the relevant leadership judge if on conviction:
• any period of disqualification from holding or obtaining a driving licence is imposed, or,
• six penalty points are ordered to be endorsed on the licence, or,
• if a lesser number of points are ordered to be endorsed, the total points then endorsed on the licence exceeds six.

Recorder Bickler committed four motoring offences between January 2021 and June 2023, resulting in a total of twelve penalty points and a period of disqualification from driving. Although he reported his disqualification promptly, he failed to comply with the requirement to promptly report that he had accumulated in excess of six points on his licence.

Recorder Bickler’s representations

Recorder Bickler accepted that he had failed to comply with his obligations, apologised and expressed regret. He reported his disqualification promptly, but was unaware of the obligation to report when the points total on his licence exceeded six. Furthermore, at the time in question he was focussed on caring for two members of his family.

Decision

The Lady Chief Justice and Lord Chancellor agreed with advice from the JCIO that a formal warning would be a reasonable and proportionate sanction taking into account his disqualification and the failure to report when he exceeded six points on his licence.

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