JCIO 70/24

A spokesperson for the Judicial Conduct Investigations Office Said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued District Judge Michael Nicholson (“the judge”) with a sanction of formal advice for misconduct.

Facts

The expedited process in the Judicial Conduct Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lord Chief Justice that the office holder concerned 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.

The Guide to Judicial Conduct states that judicial office-holders are expected to display diligence and care in the discharge of judicial duties.

A litigant in family proceedings complained that the judge had failed to make an order following a hearing which took place in January 2024.

The judge’s representations

The judge apologised unreservedly for his delay in producing the order. He drafted the order and had it sent to the parties as soon as he was notified of the complaint. The judge explained that as he sits part time in retirement his access to court files is limited to the times when he attends court. He also explained that before making the order he had to consider a substantial amount of documentation, and through an oversight omitted to set himself a reminder to do so until prompted by the court staff.

Decision

The Lady Chief Justice and Lord Chancellor agreed with the advice from the JCIO that a delay of five months, from the hearing to the issuing the order, amounted to misconduct. In agreeing to issue the judge with formal advice, they took into consideration his acceptance of the delay, his apology and immediate action to rectify the matter.

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